TERMS & CONDITIONS
Our Contact Details
Fortafix
Minkon Ltd inc. Fortafix
Tofts Farm Ind. Est.
Brenda Rd.
Hartlepool
TS25 2BS
Phone: +44 (0)1429 273252
TERMS OF SALE B2B
Background
These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, www.fortafix.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.
- Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Minkon Ltd, a company registered in England under 01641366, whose registered address is Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS and whose main trading address is the same.
- Information About Us
2.1 Our Site, www.fortafix.com, is owned and operated by Minkon Ltd, a limited company registered in England under 01641366, whose registered address is Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS and whose main trading address is the same. Our VAT number is GB360644756.
- Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to Our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
- Business Customers and Consumers
4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). If you are a consumer, please consult Our Consumer Terms of Sale below.
4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
- International Customers
Please note that We only deliver within the United Kingdom.
- Goods, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and6.1.3 Due to the nature of the Goods sold through Our Site, there may be up to a very slight variance in the size, capacity, dimensions, measurements, weight, of those Goods between the actual Goods and the description.6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
6.3 Where appropriate, you may be required to select the required size, model, colour, number, of the Goods that you are purchasing.
6.4 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications are not linked in real time to our factory stock.
6.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
6.6 In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
6.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
6.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of this in writing.
6.9 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.10 Prices on Our Site are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.11 Delivery charges are included in the price of Goods displayed on Our Site.
- Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;7.4.4 Estimated delivery date(s) and time(s);7.5 We will also include a paper copy of the Order Confirmation with your Goods.
7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
- Payment
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8.2 Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
8.3 We accept the following methods of payment on Our Site:
8.3.1 Credit card; and8.3.2 Debit card. - Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
9.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
9.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;9.2.2 If you do not collect the Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that We incur in recovering the Goods.9.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
9.3.1 We have refused to deliver your Goods; or9.3.2 In light of all relevant circumstances, delivery within that time period was essential; or9.3.3 You told Us when ordering the Goods that delivery within that time period was essential.9.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.5 You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 30 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.
9.6 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
9.7 Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
9.8 Responsibility for (the risk in) the Goods will pass to you when delivery is complete, as defined in sub-Clause 9.6.
9.9 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
- Faulty, Damaged or Incorrect Goods
10.1 We warrant that the Goods, on delivery, and for a period of 30 days thereafter (the “Warranty Period”) shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
10.2 If any Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses 10.2.1 to 10.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
10.2.1 You must give Us written notice of the non-compliance during the Warranty Period within a reasonable time of discovering it;10.2.2 You must return the Goods in question to Us at our expense (see sub-Clause 10.6 for more information); and10.2.3 You must give Us a reasonable opportunity to examine the Goods in question.10.3 We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
10.3.1 You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.2.1;10.3.2 The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;10.3.3 The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;10.3.4 You have made any unauthorised alterations or repairs to the affected Goods; or10.3.5 The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.10.4 The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.2.
10.5 Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
10.6 To return Goods to Us for any reason under this Clause 10, please contact Us at info@minkon.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
10.7 Refunds (whether full or partial) under this Clause 10 will be issued within 30 days of the day on which We agree that you are entitled to the refund.
10.8 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
10.9 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Good.
- Our Liability
11.1 Subject to sub-Clause 11.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
11.2 Subject to sub-Clause 11.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £10 of the total sums paid by you for the Goods under the contract in question.
11.3 Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
- Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
12.2.1 We will inform you as soon as is reasonably possible;12.2.2 We will take all reasonable steps to minimise the delay;12.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;12.2.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.12.2.6 If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, contact Us directly to cancel, please use the following details:
Telephone: 01429 273252;
Email: info@minkon.co.uk;
Post: Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.
- Communication and Contact Details
13.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01429 273252, by email at info@minkon.co.uk, or by post at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
13.2 For matters relating the Goods or your Order, please contact Us by telephone at 01429 273252, by email at info@minkon.co.uk, or by post at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
13.3 For matters relating to cancellations, please contact Us by telephone at 01429 273252, by email at info@minkon.co.uk, or by post at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
- Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2 If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us by telephone at 01429 273252, by email at info@minkon.co.uk, or by post at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
- How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy.
- Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation and will be made using the same payment method that you used when ordering the Goods.
- Law and Jurisdiction
17.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS OF SALE B2C
Background
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.fortafix.com (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 27th April 2021.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
- Our Terms of Use, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
- Our Privacy Policy, is also referred to below in Part 22.
- Our Cookie Policy, is also referred to below in Part 22.
- Our Acceptable Usage Policy, part of our terms of use policy. This is also referred to below in Part 3.
- Definitions and Interpretation
18.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Minkon Ltd.
18.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
18.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;18.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;18.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale. - Information About Us
19.1 Our Site is operated by Minkon Ltd. We are a limited company registered in England and Wales under company number 01641366. Our registered address is Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS and Our main trading address is the same.
19.2 Our VAT number is GB360644756.
- How to Contact Us
20.1 To contact Us with general questions or complaints by email, please email Us at info@minkon.co.uk, to contact Us by telephone, please call Us on 01429 273252, and to contact Us by post, please write to Us at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
20.2 To contact Us about the Goods or your Order by email, please email Us at info@minkon.co.uk, to contact Us by telephone, please call Us on 01429 273252, and to contact Us by post, please write to Us at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
20.3 To contact Us about cancellations by email, please email Us at info@minkon.co.uk, to contact Us by telephone, please call Us on 01429 273252, and to contact Us by post, please write to Us at Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
20.4 We provide the following Contact Tools for you to contact Us: Contact Us
20.5 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use and Our Terms of Use.
- Access to Our Site and Use of Our Site
21.1 Access to Our Site is free of charge.
21.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
21.3 Use of Our Site is subject to Our Website Terms of Use. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
- Changes to these Terms of Sale
22.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If the changes are likely to affect your Order, We will inform you in advance by email or phone and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
22.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
- Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale above.
- International Customers
Please note that We only deliver within the United Kingdom.
- Goods, Descriptions, and Changes
25.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; andc) Due to the nature of certain Goods, there may be a variance in the actual Goods and the description.25.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
25.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
25.4 As explained in the descriptions of certain Goods, more significant changes may also be made to certain Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
- Pricing
26.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
26.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
26.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing. If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price. If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 3 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
26.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
26.5 Delivery charges are included in the price of Goods shown on Our Site.
- Orders and How Contracts Are Formed
27.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
27.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
27.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
27.4 Order Confirmations contain the following information:
a) Your Order Number;b) Confirmation of the Goods ordered including full details of their main characteristics;c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;d) Estimated delivery date(s) and time(s);27.5 We will also include a paper copy of your Order Confirmation with your Goods.
27.6 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
27.7 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
- Payment
28.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
28.2 We will not charge your chosen payment method until We dispatch the Goods.
28.3 We accept the following methods of payment:
– Credit card;
– Debit card.28.4 We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
28.5 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5.
- When You Own the Goods
Ownership of the Goods passes to you once We have received payment in full of all sums due.
- Delivery
30.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
30.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
30.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
30.4 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
30.5 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
30.6 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
a) We have refused to deliver the Goods;b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; orc) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.30.7 If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
30.8 You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
30.9 Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.
30.10 As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
- Faulty, Damaged, or Incorrect Goods
31.1 This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
31.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.d) If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.e) Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.31.3 Please note that you will not be eligible to claim under this Part 14 if:
a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; orb) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; orc) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; ord) The problem(s) is/are the result of normal wear and tear; ore) You have changed your mind (please refer to Part 16).31.4 If there is a problem with the Goods, please contact Us using the details provided above in Part 3.
31.5 If you exercise your legal right to reject the Goods, you must return them to Us.
31.6 To return Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- Your Rights to Cancel and End the Contract
32.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
32.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
32.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
- Cancelling and Ending the Contract if You Change Your Mind
33.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.33.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, our contact details are provided above in Part 3.
33.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
33.4 Please note that this right to cancel may not apply in the following circumstances:
a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;c) If the Goods are likely to deteriorate quickly, for example, flowers or food;d) If the Goods have been personalised or custom-made for you;e) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them. - Cancelling and Ending the Contract Because of Something We Have Done or Will Do
34.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);b) We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4);c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed;d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).34.2 If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.
34.3 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, our contact details are provided above in Part 3.
- Returning Goods After Cancelling and Ending the Contract
35.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
35.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
35.3 We will cover the costs of returning the Goods to Us in the following circumstances:
a) The Goods are faulty or misdescribed;b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;d) You are cancelling and ending the Contract because We have made an error in the price or description;e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply); or.g) You are exercising your right to change your mind under the cooling-off period.35.4 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
35.5 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.
- Refunds
36.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:
a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded.36.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
a) The day on which We receive the returned Goods;b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; ord) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract. - Our Liability to Consumers
37.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
37.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
37.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
37.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
- Complaints and Feedback
38.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
38.2 If you wish to complain about any aspect of your dealings with Us, please contact Us.
- How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy.
- What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
- Other Important Terms
41.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
41.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
41.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
41.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- Law and Jurisdiction
42.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
42.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.
42.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
42.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Privacy
Minkon Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.fortafix.com, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested is taken as accepted by your continued use of the Site.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of our Site;
“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features our Site. Details of the Cookies used by our Site are set out in Part 14, below; and
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
- Information About Us
Our Site is owned and operated by Minkon Ltd, a limited company registered in England under company number 01641366.
Registered address: Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
Main trading address: Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
VAT number: GB360644756
Data Protection Officer: Mal Dodds
Email address: info@minkon.co.uk
Telephone number: 01429 273252
Postal address: Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS - What Does This Policy Cover?
This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
- What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
- What Are My Rights?
Under the Data Protection Legislation, you have the following rights, we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
- The right to access the personal data we hold about you. Part 13 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
- The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 15.
- What Data Do You Collect and How?
Depending upon your use of our Site, we may collect and hold some or all of the personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookie Policy. We do not collect any ‘special category’ or ‘sensitive’ personal data and/or personal data relating to children and/or data relating to criminal convictions and/or offences.
Data Collected How We Collect the Data Name When you use the Site’s contact forms to contact us. Email When you use the Site’s contact forms to contact us. Company name When you use the Site’s contact forms to contact us. - How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:
What We Do What Data We Use Our Lawful Basis Communicating with you Email address Consent – that you wish to be contacted by us to respond to your interests in our products and services. Supplying you with information on our company and its products and services when you have opted in to receive this. Email address Consent – that you wish to be contacted by us to respond to your interests in our products and services. With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
Third Parties (including YouTube whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
- How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
Type of Data How Long We Keep It Email address for contact To contact you about the enquiry you have made. Email address for e-newsletter Kept until you no longer wish to receive updates with news and information about Minkon, its interests, products and services. You may opt-out from within the e-newsletter at any time by clicking ‘unsubscribe’. - How and Where Do You Store or Transfer My Personal Data?
We may store some or all of your personal data in countries outside of the UK. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:
We will use specific approved contracts which ensure the same levels of personal data protection that apply under the Data Protection Legislation. For further information, please refer to the Information Commissioner’s Office.
Please contact us using the details below in Part 15 for further information about the particular data protection safeguards used by us when transferring your personal data to a third country.
The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:
- limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
- procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;
- Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
- How Can I Control My Personal Data?
11.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and, at the point of providing your details and by managing your Account).
11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- Can I Withhold Information?
You may access our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see Part 14 and our Cookie page.
- How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within less than one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
- How Do You Use Cookies?
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. For more details, please refer to the table below. These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.
All Cookies used by and on our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
The following first-party Cookies may be placed on your computer or device:
Name of Cookie Purpose Strictly Necessary Session cookies Session cookies to support the functionality of the website. Yes Consent To store your cookie settings for the domain. Yes and the following third-party Cookies may be placed on your computer or device:
Name of Cookie Provider Purpose Analytics So we can establish statistics such as whether you’ve visited our website before. No Embedded Content To track embedded content such as YouTube videos No Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our Site is used. This, in turn, enables us to improve our Site and the products and services offered through it.
The analytics service(s) used by our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of our Site, it does enable us to continually improve our Site, making it a better and more useful experience for you.
The analytics service(s) used by our Site use(s) the following Cookies:
Name of Cookie First / Third Party Provider Purpose Google Third Google Analytics In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Mal Dodds):
Email address: info@minkon.co.uk.
Telephone number: 01429 273252.
Postal Address: Tofts Farm Industrial Estate, Brenda Road, Hartlepool, Cleveland, TS25 2BS.
- Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on our site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 19th April 2021.
NEED FURTHER ASSISTANCE?