P A Baudains Ltd - TERMS AND CONDITIONS OF SALE 2018

 

General

  1. a) In these conditions “The Company” shall mean P.A.Baudains Ltd trading as BTS, BTS2U or Baudains Trade Supplies.
  2. b) All quotations, orders accepted, and goods supplied to customers subject to the following conditions. No person in the employment, or acting as an agent of, the company has authority to accept orders or supply goods on any other conditions or vary the terms unless otherwise agreed in writing by a Director.
  3. c) Unless otherwise stated quotations shall be available for acceptance for a maximum period of thirty days from the date quoted and may be withdrawn by the company at any time.

Prices/Delivery

  1. a) The quoted price of goods may be varied by additions upwards by the company in accordance with market conditions at the date of actual supply and the customer shall pay such additions to the quoted price. This includes any increase in the costs of labour and/or materials and/or costs of transport.
  2. B) The date of delivery will be dependent upon the receipt of final instructions and approvals being obtained from the customer. Time for delivery is given as accurately as possible but is not guaranteed. The customer has no right to damages for failure to meet any delivery time stated.
  3. c) Every assistance must be given in the case of site delivery for the safety of company staff, and the ease of access and the prompt unloading of goods being supplied by the company.

The company will endeavor to comply with reasonable requests from the customer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed the customer shall pay all costs and expenses incurred.

Return of Goods

  1. a) Goods returned, apart from special orders, will, if correctly executed, be credited with no handling charge if returned within 7 days of purchase and with a copy invoice/delivery note. Goods returned after this period, will attract a handling charge of 20%. Any goods purchased more than two months previous, and all special orders, are non-returnable.

Title of Goods

  1. a) The property in the goods shall not pass to the customer until payment for the goods has been made in full. Until that time the customer is required to store the goods in such a way that keeps the goods free from damage and clearly identifiable as the company’s property. The company shall be entitled, in addition to any other rights, to enter the premises where the goods may be and recover possession of them.

Incorrect/Damaged Goods

  1. a) Where shortages, loss or damage occur to the goods before or during delivery to the customer, the company will replace those goods without additional charge provided that the customer has informed the company within 48 hours of receipt of goods.
  2. b) In the event that the company is required to replace goods within these terms and conditions, any specified time for delivery shall be extended for the purpose of repair or replacement for such periods as the company may reasonably require.

Cancellation of Order

  1. a) The company will only agree cancellation on condition that all costs and expenses, including damage and restocking charges up to the time of cancellation, which are incurred by the company, are met in full.

Terms of Payment

  1. a) On credit account payment is 30 days from end of month purchase date.

 If payment is not paid on time a levy of 2.5% will be applied to the full amount owed for the following month(s).

  1. b) On credit account special orders/none stock goods; deposits will be required of 25%-50% dependent on product, with negotiated terms.
  1.  c) Cash sale is cash on receipt of goods and a deposit of 25% - 100% dependent on product, will be required on non-stock/special products before orders are placed.

Fair Processing Notice – GDPR

All processing of personal data that is conducted by BTS is fully compliant with the Data Protection Act 2018 & the Bailiwick of Guernsey equivalent 2018

www.bts2u.co.uk is a website run and maintained by P A Baudains Ltd (the controller) to provide customers with goods in a professional and timely manner.

  1. The Data Protection Law

The controller acknowledges its obligations as per the data protection law, which provides a number of requirements in terms of processing activities involving personal data. The controller further acknowledges the general principles of processing as well as the rights of a data subject and more information in relation to these provisions are provided within this fair processing notice.

  1. The Principles of Processing

Lawfulness, fairness and transparency

Personal data must be processed lawfully, fairly and in a transparent manner.

In order to provide this online service, the controller collects personal data from data subjects who purchase from BTS directly from the website or in response to electronic marketing. No personal data is collected from any third party or publically available source. None of the personal data collected for this purpose is classified as “Special Category Data” (the most sensitive data as defined by data protection law). The personal data that is collected for this purpose includes:

  • Your email address
    your first name
    your last name
  • Your postal address
  • Your Telephone number(s)
  • The Product(s) purchased

 

In terms of the lawful basis for processing this information, the controller would require the consent of the data subject to the processing of the personal data in this way. As per data protection law, the data subject has the right to withdraw their consent for the additional processing by third parties at any stage and this will not affect the general service that is offered by the www.bts2u.co.uk website. 

The controller is offering products to data subjects.

The data subject’s information as listed above is required in order to deliver the products in a timely manner.

Purpose Limitation

Personal data must not be collected except for a specific, explicit and legitimate purpose and, once collected, must not be further processed in a manner incompatible with the purpose for which it was collected.

The controller acknowledges its responsibility with regards to this data protection principle and therefore the controller maintains that it will not further process that personal data in a way which is incompatible to its original reason for processing as specified in section 2, unless the controller is required to do so by law. The personal data will not be transferred to a recipient in an authorised or an unauthorised jurisdiction (as per the definition within data protection law).  

Minimization

Personal data processed must be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed.

The controller maintains that it will only process the personal data which is detailed in section 2, and will not process any further personal data that is not necessary in relation to the original reason for processing personal data as specified in section 2, unless the controller is required to do so by law.

Accuracy

Personal data processed must be accurate, kept up-to-date (where applicable) and reasonable steps must be taken to ensure that personal data that is inaccurate is erased or corrected without delay.

The controller will ensure that all personal data that it holds is accurate and kept up-to-date, and any personal data that is inaccurate will be erased or corrected without delay.

Storage limitation

Personal data must not be kept in a form that permits identification of a data subject for any longer than is necessary for the purpose for which it is processed.

Where a data subject provides personal data to the controller through the www.bts2u.co.uk website, the controller will hold that personal data for until such time as the data subject withdraws their consent for the processing of their personal data in relation to order or account processing activities.

Integrity and confidentiality

Personal data must be processed in a manner that ensures its appropriate security, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

The controller maintains to process all personal data with appropriate levels of security. Personal data provided by data subjects using the www.bts2u.co.uk website is collected and stored online and, in order to prevent unauthorized or unlawful processing, the controller has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information that is collected.

The www.bts2u.co.uk website is managed and maintained by the controller. The controller has not engaged with any processors in relation to the functioning of the website. 

Accountability

The controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

The contact details of the controller are as follows:

Digital Marketing Team, P A Baudains Ltd

Tel: 0203 051 3186

The contact details for the Data Protection Officer of the Committee for Economic Development are as follows:

Data Protection Officer, Committee for Economic Development

Tel: 01481 717000

Email: data.protection@gov.gg

Data Subject Rights

Right of access

A data subject has the right to be advised as to whether a controller is processing personal data relating to them and, if so, that individual is entitled to one free copy of their personal data (with further copies available at a fee prescribed by the controller). This is known as a Subject Access Request (SAR). Upon receipt of an SAR, the controller has a period of one month to adhere to the request (an extension of two further months can be sought by the controller depending upon the complexity and number of requests submitted by the data subject).

Right to data portability

A data subject has the right to data portability, this means that an individual is able to arrange for the transfer of their personal data from one controller to another without hindrance from the first controller. This right can only be utilized where the processing is based on consent or for the performance of a contract. This right cannot be used for processing by a public authority.

Where a data subject invokes the right to data portability, the data subject has the right to be given their personal data in a structure, commonly used and machine-readable format suitable for transmission from one controller to another. Upon the request of a data subject, the controller must transmit their personal data directly to another controller unless it is technically unfeasible to do so.

Exception to right of portability or access involving disclosure of another individual’s personal data  

 A controller is not obliged to comply with a data subject’s request under the right of access or right to data portability where the controller cannot comply with the request without disclosing information relation to another individual who is identified or identifiable from that information.

Right to object to processing

A data subject has the right to object to a controller’s activities relating to the processing of personal data for direct marketing purposes, on grounds of public interest and for historical or scientific purposes.

Right to rectification

A data subject has the right to require a controller to complete any incomplete personal data and to rectify or change any inaccurate personal data.

Right to erasure

A data subject has the right to submit a written request to a controller regarding the erasure of the data subject’s personal data in certain circumstances. These include where:

The personal data is no longer required in relation to its original purpose for collection by the controller;
The lawfulness of processing is based on consent and the data subject has withdrawn their consent;
The data subject objects to the processing and the controller is required to cease the processing activity;
The personal data has been unlawfully processed;
The personal data must be erased in order to comply with any duty imposed by law; or
The personal data was collected in the context of an offer from an information society service directly to a child under 13 years of age.

Right to restriction of processing

A data subject has the right to request, in writing, the restriction of processing activities which relate to the data subject’s personal data. This right can be exercised where:

The accuracy or completeness of the personal data is disputed by the data subject who wishes to obtain restriction of processing for a period in order for the controller to verify the accuracy or completeness;

The processing is unlawful but the data subject wishes to obtain restriction of processing as opposed to erasure;
The controller no longer requires the personal data, however the data subject requires the personal data in connection with any legal proceedings; or
The data subject has objected to processing but the controller has not ceased processing operations pending determination as to whether public interest outweighs the significant interests of the data subject.

Right to be notified of rectification, erasure and restrictions

Where any rectification, erasure or restriction of personal data has been carried out, the data subject has a right to ensure that the controller notifies any other person to which the personal data has been disclosed about the rectification, erasure or restriction of processing. The controller must also notify the data subject of the identity and contact details of the other person if the data subject requests this information.

Right not to be subject to decisions based on automated processing

A data subject has the right not to be subjected to automated decision making without human intervention.

To exercise these data subject rights, please contact either the data protection officer or the controller (as per the contact details provided in 2g).

Right to make a complaint

An individual may make a complaint in writing to the supervisory authority (the Office of the Data Protection Commissioner) if the individual considers that a controller or processor has breached, or is likely to breach, an operative provision of the data protection law, and the breach involves affects or is likely to affect any personal data relating to the individual or any data subject right of the individual (as listed above).

Complainant may appeal failure to investigate or progress and may appeal determinations

An individual may appeal to the Court where:

The Supervisory Authority has failed to give the complainant written notice that the complaint is being investigated or not within two months of receiving the complaint;
The Supervisory Authority has failed to provide written notice of the progress and, where applicable, the outcome of the investigation at least once within three months of providing notice of the beginning of an investigation; or
Where the individual seeks to appeal against a determination of the Supervisory Authority.

Collecting Information

This Site requests and collects certain personally identifiable information such as name, address, phone number and e-mail address through the sales & or registration process. 

Cookies

"Cookies" are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Site. We may use cookies to customize your experience on the Site. We may also use cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Site or your interaction with our Site.

BTS also uses 3rd party re-marketing tracking cookies, including the Google AdWords tracking cookie. This means we will continue to show ads to users across the internet. The third-party vendors whose services we use will place cookies on web browsers in order to serve ads based on past visits to our website. This allows us to continue to market BTS and our partners to those who have previously visited our website.

IP Address

We may collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

Usage

BTS use the information collected on and through this Site to comply with the purpose for which such information was collected and other purposes, as disclosed at the time such information is provided, or as described in this policy.

BTS may transfer, sell or assign information concerning your use of this Site, including without limitation, personally identifiable information that you provide and other information concerning your use of the Site, to third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of the P A Baudains Ltd.

BTS may make information concerning users of the Site available to law enforcement personnel and agencies when requested to do so or as required by law.

Consent to Processing

By providing any personal information to this Site, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United Kingdom other countries or territories.

Links

This Site may contain links or references to other Web sites outside of our control. Please be aware that we have no control over these sites and our privacy policy does not apply to these sites.

Access

If you would like to review and/or update the information that you have provided to the Site, please send an e-mail here requesting such access or change.

Choice/Opt-out

You may choose to have your name taken off the BTS e-mail list or have BTS not provide your information to others in the future by contacting BTS here.

Your Acceptance of this Policy

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so visitors are encouraged to review this policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes