Terms and Conditions
www.belleenfant-boutique.com is a website operated by Belle Enfant Limited. Belle Enfant is the trading name of Belle Enfant Limited, a company that is registered in England and Wales with company number 07673436 and with a registered office at Kemp House, 160 City Road, London EC1V 2NX, United Kingdom. Belle Enfant’s registered VAT number is GB120929037.
By checking the box marked “I have read and accept the terms & conditions” before purchasing any products you are accepting these terms and conditions.
1. General Information
1.1 Belle Enfant sells products through www.belleenfant-boutique.com, therefore, your contract for purchases made through this Website is with Belle Enfant Limited (Belle Enfant) and you undertake that all products ordered by you are for your own private and domestic use only and are not for resale.
1.2 By placing an order through this Website, you agree that email can be used as a long-distance means of communication and you warrant that:
(a) you are at least 18 years old;
(b) all information you provide to Belle Enfant when ordering or purchasing products is true, accurate, current and complete in all respects; and
(c) that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
1.3 On certain parts of this Website, Belle Enfant may require you to register and provide certain information about yourself and where you do this you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the Registration Data); and
(b) maintain and promptly update the Registration Data (by updating it on this Website in the ‘my account’ section, or by sending an appropriately worded email to [email protected]) to keep it true, accurate, current and complete.
1.5 The registration processes on this Website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to:
(a) immediately notify Belle Enfant if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to [email protected]; and
(b) ensure that you log off from your website account at the end of each session, Belle Enfant cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.
1.6 Belle Enfant reserves the right to end its agreement with you and to suspend or terminate your access to this Website immediately and without notice if:
(a) you fail to make payment to Belle Enfant when it is due;
(b) you breach any of these terms and conditions;
(c) when requested by Belle Enfant to do so, you fail to provide within a reasonable time frame, enough information to let Belle Enfant check the accuracy and validity of any information supplied by you, or your identity; and/or
(d) Belle Enfant suspects you have engaged, or are about to engage, or have a way of being involved in fraudulent or illegal activity on this Website.
2. Product Information, Availability and Prices
2.1 Belle Enfant takes care to ensure that the information on this Website is accurate and complete but please note that product colours and details may vary from the image(s) shown on the Website.
2.2 Belle Enfant tries to ensure that the product colour is as accurate as possible, but the colours shown may vary depending upon the setting of your computer monitor or product availability. Belle Enfant cannot guarantee that the colour shown will accurately reflect the colour upon delivery and cannot be held responsible or liable for any differences in colour or minor details between the image and the actual product.
2.3 Belle Enfant does not promise that products advertised on this Website are necessarily available, and all products are offered for sale are subject to acceptance and availability.
2.4 All prices listed on this Website are correct at the time of entering the information, however, Belle Enfant reserves the right to change the price of any product at any time. All prices include sales tax (if applicable) but exclude delivery charges which are payable by you. Any currencies other than Pounds Sterling (£) on this Website are for guidance only and all payments shall be made Pounds Sterling (£) and must be paid in full, including delivery charges, except where discounts are offered as detailed on this Website or otherwise in correspondence from Belle Enfant.
3.1 Once you click on the “Place Order” button Belle Enfant will treat the order as an offer by you to purchase the products subject to these terms and conditions. You are responsible for ensuring the accuracy of your order. Please note that this does not mean that your order has been accepted but is simply a confirmation that Belle Enfant has received your offer to purchase the product(s).
3.2 No contract for the sale of any product will exist between you and Belle Enfant until Belle Enfant accepts your order by dispatching the product(s) to you. Belle Enfant will confirm the acceptance by sending you a dispatch confirmation email to the email address given in your order form and will detail the product(s) ordered, cost (including VAT (if applicable) and postage and packaging charges) and usual delivery times. You must check all the details on this confirmation email are correct and contact Belle Enfant as soon as possible if any details are incorrect.
3.3 Any products on the same order, which Belle Enfant has not confirmed in a dispatch confirmation email, do not form part of that contract. Belle Enfant will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.
3.4 Belle Enfant reserves the right to refuse an order. Non-acceptance of an order may be as a result of one of the following:
(a) the product ordered being out of stock;
(b) inability to obtain the authorisation of payment or failing security checks;
(c) the identification of an error within the product information, including price and promotion;
(d) you not meeting the eligibility to order as set out in these terms and conditions; and/or
(e) Belle Enfant being unable to fulfill an order(s) to countries other than the UK for whatever reason.
3.5 If your order has not been accepted, you will receive an email from Belle Enfant telling you the reasons why.
3.6 In the event that a product is out of stock, you will be informed as soon as practically possible. Where all products in an order are unavailable and/or the Belle Enfant chooses not to accept the order for any of the reasons stated in condition 3.4 the order relating to the unavailable product will be cancelled and a full refund will be made including any delivery charges. Where some products in an order are unavailable, those that are available will be dispatched and a refund will be made for those that are unavailable. Delivery charges will still apply.
4.1 The delivery period stated within which you will receive your order is approximate and no guarantee as to delivery within a certain time frame is given. Products will be sent to the address given by you in your order and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person. If you are ordering more than one product, your products may be sent to you in installments if certain products are out of stock.
4.2 If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once the delivery reaches your country. You must meet any additional charges for customs clearance; Belle Enfant has no control over these charges and cannot predict their amount. Please note customs policies vary widely from country to country. Belle Enfant recommends that you contact your local customs office for further information.
4.3 Please note international shipments may be subject to cross-border inspections by customs authorities. You must comply with all applicable laws and regulations of the country for which the products are destined. Belle Enfant will not be liable for any breach by you of any such laws.
5.1 Payment for all products must be by credit or debit card. Belle Enfant accepts most major credit/debit cards: Visa, MasterCard and American Express.
5.2 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Belle Enfant, Belle Enfant will not be liable for any delay or non-delivery.
5.3 Card Payments will be made in Pounds Sterling (£). The currency converter for other currencies is for guidance only. You should contact your payment card company for exact information about their exchange rates. Belle Enfant is not responsible for any exchange rate or extra commission that may be charged by your credit card company.
6. Credit Notes
6.1 Belle Enfant credit notes (Credit Notes) are subject to the following terms and conditions:
(a) Credit Notes are valid for 12 months from date of issue for use on this Website only.
(b) Credit Notes can be redeemed against all products on this Website.
(c) Credit Notes are non transferable and may not be returned or redeemed for cash.
(d) Belle Enfant is not responsible if a Credit Note is lost, stolen, destroyed or used without permission.
(e) Belle Enfant reserves the right to cancel a Credit Note if Belle Enfant deems such action necessary.
(f) Sales tax (if any) and delivery is applicable on any products purchased with a Credit Note.
6.2 The term “credit note” shall have the same meaning as “store credit” and vice versa.
7. Promotional Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotional codes cannot be applied retrospectively to previous orders.
8. Contract Cancellation
8.1 You may cancel the contract at any time within 7 working days after the day on which you receive the products. In this case, you will receive a full refund of the price paid for the products subject to and, in accordance with, Belle Enfant’s returns procedure.
8.2 To cancel a contract you must follow Belle Enfant’s returns procedure.
9. Returns Procedure
9.1 With the exception of sale products, you may return a product within 14 days of the delivery date.
9.2 In order to return a product you must comply with the following conditions:
(a) email [email protected] within 14 days of the delivery date to request a Return Authorisation Number (RAN). In the case of sale items the RAN must be requested within 7 days of the delivery date.
(b) the product must not have been used, worn, washed nor damaged (in Belle Enfant’s reasonable opinion) and must be in a resalable condition;
(c) return the product in the original packaging and with the tags attached and intact; and
(d) once the RAN has been issued send the product to the returns address: Belle Enfant c/o Hercules, 13 Stevern Way, Edgerly Drain Road, Peterborough PE1 5EL, United Kingdom. The returned item must be received within 7 days of the RAN being issued (Return Conditions).
9.3 Note that sale products are subject to the Return Conditions save that a RAN must be requested within 7 days of the delivery date rather than 14 days.
9.4 Sales products can be exchanged for product(s) or returned for a credit note. In the event that the sale product is returned to Belle Enfant for an exchange and the product constituting the exchange are of a lower monetary value than the sale product(s) originally purchased you will be issued with a credit note for the price difference. In the event that the sale product is returned to Belle Enfant for an exchange and the product constituting the exchange is of a higher monetary value than the sale product originally purchased the balance (being the price difference) must be paid by credit or debit card. Note condition 6 above regarding the conditions applying to credit notes.
9.5 In order to exchange a product please follow the Return Conditions and, in addition, specify what product you would like in exchange for the returned product. In circumstances where the product you wish to receive in exchange is of a lower monetary value than the returned product you will receive a refund for the price difference and in circumstances where the product you wish to receive in exchange is of a higher value than the returned product the balance (being the price difference) must be paid by credit or debit card.
9.6 If you fail to comply with the Return Conditions, Belle Enfant has the right to withhold some or all of the purchase price.
9.7 You are responsible for the product(s) until they are received at the return address and thus you are advised to use a special delivery service when returning products and to retain their proof of postage until receipt is confirmed by email.
9.8 If you wish to cancel your order or return any products (for an exchange and/or refund) you must return the products to Belle Enfant at your own cost. Where incorrect or damaged products are received by you Belle Enfant will refund the price of a defective product in full and any applicable delivery charges subject to Belle Enfant being satisfied that the products are incorrect or damaged.
9.9 On receipt of the returned products to the returns address Belle Enfant will examine the returned products and their conformity with the Return Conditions and will confirm any cancellation or return by email within a reasonable period of time. Belle Enfant will process the refund due to you as soon as possible and, in any case, within 30 days of the day Belle Enfant confirmed to you by email that you are entitled to a refund.
9.10 Belle Enfant will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Third Party Sites
10.1 Belle Enfant may provide links on this Website to the sites of other companies, whether affiliated with Belle Enfant or not. Belle Enfant cannot give any undertaking that companies to whose website Belle Enfant has provided a link on this Website, will be of satisfactory quality, and any such warranties are disclaimed by Belle Enfant absolutely. This disclaimer does not affect your statutory rights against the third party.
10.2 Belle Enfant cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Belle Enfant products are those stated on Belle Enfant material.
11.1 Belle Enfant does not accept liability (except as set out in this condition 11) for any errors and/or omissions contained in this Website and reserves the right to change information, prices, specifications and descriptions of listed products and services at any time and without notice.
11.2 If an error is discovered in the price of the products that you have ordered, Belle Enfant will inform you as soon as possible. Belle Enfant has no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order a product and the price published on this Website is incorrect for any reason, Belle Enfant will email you to inform you that it has not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product and you may re-order it if you wish. If you have already paid for the products in the circumstances described in this condition 11.2, Belle Enfant will refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be required.
11.3 In the unlikely event that you receive products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Belle Enfant will rectify any shortage or non-delivery, replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question provided that you notify Belle Enfant of the problem in writing at [email protected] within 14 days of delivery of the products and return the products to Belle Enfant at the returns address (see condition 9.2.(d)), unless Belle Enfant informs you that a return is not necessary. This provision does not affect your statutory rights.
11.4 The products sold on this Website are provided for private domestic and consumer use only. Accordingly, Belle Enfant does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this Website or for any products or services purchased from this Website.
11.5 Belle Enfant shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside Belle Enfant’s reasonable control, including but not limited to acts of God, war, flood, fire, storm or other natural disaster, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, terrorist attack or threat of terrorist attack, explosion, governmental actions, impossibility of the use of public or private telecommunications networks, pandemic and any other similar events.
11.6 Belle Enfant makes no warranty that this Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of this Website. Belle Enfant will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.
11.7 To the fullest extent permissible under applicable law, Belle Enfant disclaims any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your rights regarding Contract Cancellation (refer to condition 8 above).
11.8 Belle Enfant will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
11.9 Nothing in these terms and conditions shall exclude or limit Belle Enfant’s liability for death or personal injury resulting from Belle Enfant’s negligence or that of its servants, agents or employees.
All rights, including copyright, in the content of this Website are owned or controlled by Belle Enfant. In accessing this Website, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this Website for any other purpose whatsoever without the prior written permission of Belle Enfant.
13.1 If Belle Enfant fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if Belle Enfant fails to exercise any of the rights or remedies to which Belle Enfant is entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by Belle Enfant of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by Belle Enfant of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by Belle Enfant.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
15.2 You and Belle Enfant each acknowledge that, in entering into a contract, neither of you rely on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
15.3 You and Belle Enfant agree that Belle Enfant’s only liability in respect of those representations and warranties that are set out in these term and conditions (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this condition 15 limits or excludes any liability for fraud.
16. Law and Jurisdiction
Contracts for the purchase of products through this Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17. Third Party Rights
A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
1. Important information and who we are
This Website is not intended for children and we do not knowingly collect data relating to children.
Our full details are:
Full name of legal entity: Belle Enfant Limited
Name of data privacy manager: Henrietta Newman
Email address: [email protected]
Telephone number: +44(0) 7968272574
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the United Kingdom supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
This version was last updated on 22 May 2018 and historic versions are archived here.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username or similar identifier e.g. email address.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, your interests and preferences.
- Usage Data includes information about how you use our Website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our goods). In this case, we may have to cancel an order you have placed with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- order our products (place an order);
- create an account on our Website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Technical Data from analytics providers such as Google based outside the EU;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe, Inc. and PayPal based outside the EU.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract with you|
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, given us your business card at a trade show, purchased goods from us (including placing a wholesale order) or if you provided us with your details when we met you at an event/trade show or you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- External Third Parties as set out in the Glossary.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
- Service providers based in the United Kingdom including those who provide logistic (delivery and fulfilment) services so we can fulfil your order and IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.