Terms and conditions/ Legal text
Data collection terms and conditions (GDPR)
When it comes to handling your personal data, Unicorn Group is committed to adhering to sound data protection practices, and we take the protection and management of your personal information very seriously. As a UK based business, our handling of your information is controlled by the UK Data Protection Act 1998 (as of May 25th 2018 this will become the GDPR). We, therefore, take great care to protect your personal information or anything which might identify you personally such as:
- First name and last name
- Email address
- Organisation information (e.g. Name, Address, Telephone number) For the purposes of this document, “personal data ”, "processing ", “data controller ” and "data processor " have the meanings ascribed to them in the Data Protection Legislation (GDPR).
To the extent that Unicorn Group is deemed to be a data processor in respect of personal data processed under the contractual agreement Unicorn Group shall:
A. Process personal data lawfully, fairly, and transparently, in accordance with the GDPR
B. Provide full details of what data is needed, why it’s needed, and for how long it will be kept, and this information shall be given at the point it is collected
C. Never take more data than is necessary for Unicorn Group to fulfil its contractual obligations, and to delete it when it is no longer needed
D. Make all data available for alteration, transfer, deletion, or restriction upon request by the data subject
E. Implement appropriate technical and organisational measures to safeguard the personal data from unauthorised or unlawful processing, accidental loss, destruction or damage
F. Obtain, use, process and disclose personal data in the performance of its obligations under the Agreement only
When opting into promotional emails with Flexi-Tile you are giving us permission to promote product, service, offers or news from us from our website, via email communication. We will use the personal information gathered in our normal course of business primarily to provide the products, services, offers or news you have requested by opting in. If you do not wish to receive details of offers and promotions from us, you can opt-out at any time by clicking the relevant boxes on the form or screen, by emailing email@example.com or by ringing Customer Services on +44 (0)28 9262 5898
Please note that you may change your mind at any time by contacting us by any of the above methods or by following the instructions set out with each offer you receive.
Flexi-Tile general terms and conditions
UNICORN GROUP LIMITED - TERMS AND CONDITIONS OF BUSINESS
1.1 “Seller” shall mean Unicorn Group Limited and its successors and assigns.
1.2 “Buyer” shall mean the person, firm or company placing the order and any person acting on behalf of and with authority of the Buyer.
1.3 “Goods” shall mean the goods supplied by the Seller to the Buyer (and where the context so permits shall mean any supply of Services as hereinafter defined)
1.4 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra)
1.5 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 5 of these Terms & Conditions.
1.6 “Intellectual Property Rights” shall mean patents, patent applications, and patent rights; copyrights, copyright applications and registrations; designs, design applications and registrations, design rights; trademarks, trademark applications and registrations, trademark rights; trade secrets and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extensions of any of the foregoing arising under the laws of any country, state or jurisdiction in the world
2.1 Any variation of these Terms & Conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller.
2.2 Any instruction received by the Seller from the Buyer for the supply of Goods/Services shall constitute acceptance by the Buyer of the Terms & Conditions contained herein.
2.3 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
2.4 Upon acceptance of these Terms & Conditions by the Buyer the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms & Conditions or with the written consent of the Seller.
2.5 None of the Seller’s agents or representatives are authorized to make any representations, statements, conditions or agreements not expressed by senior management of the Seller in writing nor is the Seller bound by any such unauthorized statements.
3.1 Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of sub-clause 3.3 hereof, the Buyer shall take delivery within that period.
3.2 Any time or date for delivery named by the Seller is an estimate only and the Seller shall not be liable for the consequences of any delay.
3.3 Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of the Seller during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the Seller.
4. TITLE AND RISK IN GOODS
4.1 Title to and ownership of the Goods shall at all times remain vested in the Seller and no title shall pass to the Buyer until the Goods have been paid for in full at the invoice Price together with any interest due thereon.
4.2 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller. The Seller shall be entitled at any time to repossess all or any of the Goods for which title has not passed if the same shall not be paid for within the time specified for payment and so terminate (without liability to the Buyer) the Buyer’s rights to use, sell, rent, lend, hire or otherwise deal in the Goods and for that purpose and/or to determine what, if any, Goods are held by the Buyer, the Seller shall be entitled at all times to enter the Buyer's premises without being liable to trespass to examine or recover the Goods and the Buyer shall afford access to its premises (or, where necessary, facilitate access to any third party premises) for such purpose upon demand.
4.3 In the event the Buyer on-sells the Goods to a third party(-ies before the amount due to the Seller under the relevant invoice for them has been paid in full then the entire proceeds of the on-sale of the Goods shall be held in trust for the Seller and paid into a designated trust account and shall not be mingled with other monies or paid into any overdrawn account and shall at all times be identifiable as the Seller’s money until such time as the invoice for the Goods has been paid in full. The Seller shall be entitled to maintain an action for the Price of the Goods notwithstanding that title to them has not passed to the Buyer.
4.4 In the event the Buyer rents, lends or otherwise hires out the Goods to a third party(-ies under agreement (“Hire Agreement(s)”) before the amount due to the Seller under the relevant invoice for them has been paid in full within the time specified for payment then the Buyer acknowledges and agrees that upon demand of the Seller (at the Seller’s option) that the Buyer shall immediately assign its interest in the relevant Hire Agreement(s) to the Seller and execute all documents and do all things necessary to ensure that the Seller shall enjoy the unencumbered benefit of the Hire Agreement(s) to the entire exclusion of the Buyer.
4.5 The Buyer hereby acknowledges that it shall not be entitled to assign or otherwise transfer its rights or obligations under any Hire Agreement where the invoice for the subject Goods remain unpaid without the prior written consent of the Seller.
4.6 Risk in the Goods shall pass immediately to the Buyer upon delivery to the place named in the purchase order or upon collection from the Seller by the Buyer or its agents or employees.
4.7 Where Goods are sold f.o.b. the responsibility of the Seller shall cease immediately the Goods are placed on board ship and the Seller shall be under no obligation to give the Buyer the notice specified in section 32(3) of the Sale of Goods Act 1979.
5. PAYMENT/INTEREST ON OVERDUE ACCOUNTS
5.1 Payment must be made within 30 days of the date of invoice.
5.2 Value Added Tax where applicable shall be shown separately on all invoices as a strictly nett extra charge and added to the Price.
5.3 Subject to clause 5.4 below, interest at the rate of 4% per annum over Barclays Bank PLC minimum lending rate will be payable on all overdue accounts from the date of the invoice until payment in full is made.
5.4 The Seller reserves its right to enforce statutory interest on late payments in accordance with the Late Payment of Commercial Debt (Interest) Act 1998.
5.5 If the Buyer fails to make payment on any monies due to the Seller, the Seller may withhold delivery of any further Goods until all outstanding monies have been paid.
6. INTELLECTUAL PROPERTY
6.1 Notwithstanding the provisions of sub-clause 4.1, legal and beneficial title to all Intellectual Property Rights contained in the design or manufacture of any Goods or Services shall remain vested in the Seller, save where the Seller has expressly agreed otherwise in writing. Except as expressly provided in these Terms & Conditions, nothing shall be construed to grant to the Buyer any right, title or interest in the Intellectual Property Rights contained in the design or manufacture of any Goods or Services.
6.2 In the event the Seller has agreed in writing that certain Intellectual Property Rights contained in the design or manufacture of any Goods or Services shall pass to the Buyer, title to such Intellectual Property Rights shall not pass to the Buyer until payment has been received in full by the Seller for the relevant Goods or Services.
6.3 The Buyer warrants that they hold all necessary Intellectual Property Rights in any document or material (including, but not limited to, any plans and drawings), that are supplied to the Seller for its provision of Goods and Services and that there is or will be no infringement of any rights or entitlements held by any third party.
6.4 The Buyer indemnifies and holds harmless the Seller for any claims made against it arising from the Seller’s use of any drawing, design or any document, material or information supplied by the Buyer.
7.1 Where specifications are to be supplied the Buyer shall supply such specifications in reasonable time to enable the Seller to complete delivery within the period named.
8. NO IMPLIED WARRANTY
8.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Seller.
9. DEFECTIVE GOODS 9.1 Goods represented by the Buyer to be defective shall not form the subject of any claim for work done by the Buyer or for any loss, damage or expense whatsoever arising directly from such defects, but such Goods, if returned to the Seller and accepted by him as defective, will at the request of the Buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
10. CLAIMS 10.1 No claim for damage in transit, shortage of delivery or loss of Goods will be entertained unless:
(a) in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within 3 working days of the receipt of Goods, followed by a complete claim in writing within 28 days of receipt of goods and,
(b) in the case of loss of Goods notice in writing is given to the carrier concerned and to the Seller and a complete claim in writing made within 3 working days of the date of consignment. Where Goods are accepted from the carrier concerned without being checked, the delivery book of the carrier concerned must be signed "not examined".
11. FORCE MAJEURE
11.1 In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved, or in the event of national emergency or terrorist intervention or action in Northern Ireland or if the Seller's works should become either directly or indirectly engaged on government orders or orders under priority directions as to prevent or delay work on other orders, the Seller shall be entitled at any time, on notice to the Buyer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
12. BUYERS DEFAULT
12.1 If the Buyer shall make default in or commit a breach of the contract or of any other of his obligations to the Seller, or if any distress or if the Buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Buyer is a limited company and any resolution to wind up such company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if such company's undertaking, property or assets or any part thereof shall be appointed, the Seller shall have the right forthwith to terminate any contract then subsisting and upon written notice of such termination being posted to the Buyer's last known address any subsisting contracts shall be deemed to have been terminated without prejudice to any claim or right the Seller may otherwise make or exercise.
12.2 Where the Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have:
(a) a lien on the Goods;
(b) the right to retain the Goods for the Price while the Seller is in possession of them;
(c) a right of stopping the Goods in transit whether or not delivery has been made or ownership has passed;
(d) a right of resale of the Goods; and
(e) the foregoing right of disposal of the Goods;
Provided that the lien of the Seller shall continue despite the commencement of proceedings or judgment for the Price having been obtained
13. PRICE VARIATION
13.1 All Prices are valid for 30 days but the Seller retains the right to vary these Prices at any time to take account of any increase (greater than 5%) in any cost outside of the Seller’s control, e.g. raw materials.
14.1 These conditions and the contract shall be subject to and construed in accordance with UK Law and may be enforced either in the Courts of Northern Ireland or in the UK High Court or County Courts at the option of the seller.
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