How we treat the information we gather
Mercy Jewellery is committed to protecting and respecting your privacy and security. Whenever you provide us with your personal information either via our website and our associated websites “Site(s)”, or through any other means, we will treat that information in accordance with this policy, our terms and conditions and current UK Data Protection legislation.
By using the Sites and any services we offer via our Sites, you are agreeing to be bound by this policy.
Mercy Jewellery Ltd is registered under the Data Protection Register Registration No: ZA171191 and recognised by HMRC under Vat reg no 223 886 980.
We are the Data Controller of personal information that this policy applies to under the Data Protection Act 1998.
2. Collecting personal information
1. We may collect, store and use the following kinds of personal information: · Information about your computer and about your visits to and use of our Sites (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths); ·
Information that you provide to us when registering with our Sites (including your email address); · information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address); · information that you provide to us when using the services on our Sites, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use); · information relating to any investments, bond applications or any other transactions that you enter into via our website (including your name, address, telephone number and email address and bank account details for repayment purposes) · information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and · any other personal information that you choose to send to us.
2. Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
3. Using personal information
1. Personal information submitted to us through our Sites will be used for the purposes specified in this policy or on the relevant pages of the website.
2. We may use your personal information to:
· administer our Sites and business;
· enable your use of the services available on our Sites;
· send you email notifications that you have specifically requested;
· send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
· send you marketing communications relating to our which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
· gather anonymous statistical information about our users (where this data will not be able to identify any individual user);
· deal with enquiries and complaints made by or about you relating to our Sites;
· keep our Sites secure and prevent fraud; and
· verify compliance with the terms and conditions governing the use of our Sites.
3. If you submit personal information for publication on our Sites, we will publish and otherwise use that information in accordance with the licence you grant to us.
4. We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
4. Disclosing personal information
1. We may disclose your personal information to any of our employees, officers, insurers and professional advisers insofar as reasonably necessary for the purposes set out in this policy.
2. We may disclose your personal information to any member of our group of companies insofar as reasonably necessary for the purposes set out in this policy.
3. We may disclose your personal information: · to the extent that we are required to do so by law; · in connection with any ongoing or prospective legal proceedings;
· in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
· to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4. Except as provided in this policy, we will not provide your personal information to third parties.
5. International data transfers
1. Personal information that you publish on our Sites or submit for publication on our Sites may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
2. You expressly agree to the transfers of personal information described in this Section 5. 6. Retaining personal information
1. This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
2. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
3. Without prejudice to Section 6.2, we will usually delete personal data falling within the categories set out below at the date/time set out below: · Bank Account Information and other personal information in relation to any bond investment will be deleted upon maturity of your investment. Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
· to the extent that we are required to do so by law;
· if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
· in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
7. Security of personal information
1. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
2. We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
4. You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
1. We may update this policy from time to time by publishing a new version on our website.
2. You should check this page occasionally to ensure you are happy with any changes to this policy.
9. Your rights
1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
· the payment of a fee (currently fixed at GBP 10); and
· the supply of appropriate evidence of your identity[(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
2. We may withhold personal information that you request to the extent permitted by law.
3. You may instruct us at any time not to process your personal information for marketing purposes.
4. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
5. For a copy of the personal information we hold about you, write to the Data Protection Officer, Mercy Jewellery, Northfields Farm, Little Casterton Road, Stamford, Rutland, PE9 4DB
10. Third party websites
1. Our Sites may include hyperlinks to, and details of, third party websites.
2. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Updating information
1. Please let us know if the personal information that we hold about you needs to be corrected or updated.
13. Data protection registration
1. We are registered as a Data controller with the UK Information Commissioner’s Office.
2. Our data protection registration number is ZA171191
Terms & Conditions
Terms and Conditions for Sale of Goods
OfMercy Jewellery Ltd
In this document the following words shall have the following meanings:
1.1 ‘Buyer’ means the organisation or person who buys goods from the seller
1.2 ‘Goods’ means the articles to be supplied to the Buyer from the seller
1.3 ‘Intellectual property rights’ means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable
1.4 ‘List Price’ means the list of prices of the goods maintained by the seller as amended from time to time.
1.5 ‘Seller’ means Mercy Jewellery Ltd
2.1 These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions referred to offered or relied upon by the buyer, whether in negotiation or at any stage in the dealings between the parties, Including any standard or printed terms tendered by the buyer, unless the buyer specifically states in writing, separately from such terms, that they wish such terms to apply and this has been acknowledged by the seller in writing.
2.2 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3. Price and Payment
3.1 The price shall be that in the sellers current list price, or such other parties as the parties may agree in writing. The price is exclusive or VAT or any other applicable costs. Carriage shall be paid for by Buyer.
3.2 Payment of the price and VAT and any other applicable costs shall be due within 30days of the date of receipt of the invoice supplied by the seller.
3.3 The seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1% over the bank of England base rate.
3.4 If payment of the price or any part thereof is not made by the due date, the seller shall be entitled to
3.4.1 Require payment in advance of delivery in relation to any goods not previously delived;
3.4.2 Refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the buyer for non delivery or any delay in delivery;
3.4.3 Terminate the contract
Any description given or applied to the goods is given by the way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt the buyer hereby affirms that it does not in any way rely upon any description when entering into the contract.
Where a sample of goods is shown to and inspected by the buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the buyer to judge for themselves the quality of the bulk; and not as to constitute a sale by sample.
6.1 Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by the buyer on the date specified by the seller. The buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6.2 The date of delivery specified by the seller is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 If the seller is unable to delivery the goods for reasons beyond its control then the seller shall be entitled to place the goods in storage until such time as the delivery may be effected and the buyer shall be liable for any expense associated with such storage.
6.4 The buyer shall be entitled to replace goods where the goods have been damaged during transportation. The buyer must notify the seller of the damage within 24 hours of delivery.
Risk in the goods shall pass to the buyer at the moment that the goods are despatched from the sellers premises. Where the buyer chooses to collect the goods itself, risk will pass when the goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the goods shall not pass to the buyer until the seller has been paid in full for the goods.
9.1 Where the goods have been manufactured by the seller and are found to be defective the seller shall repair or at its sole discretion replace defective goods within the warranty period of 3 months from the date of delivery, subject to the following conditions;
9.1.1 The buyer notifying the seller in writing immediately upon the defect becoming apparent;
9.1.2 The defect being due to the faulty design, materials or workmanship of the seller.
9.2 Any goods to be repaired or replaced shall be returned to the seller at the buyers expense, if so requested by the seller.
9.3 Where the goods have been manufactured and supplied to the seller by a third party, any warranty granted to the seller in respect of the goods shall be passed onto the buyer.
9.4 The seller shall be entitled in its absolute discretion to refund the price of defective goods in the event that such price has already been paid.
9.5 The remedies contained in this clause are without prejudice to the other terms and conditions herein, including, but without limitation, clauses 10 and 11 below.
10.1 No liability of any nature shall be incurred or accepted by the seller in any respect of any representation made by the seller, or on its behalf, to the buyer, or any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to :
10.1.1 The correspondence of the goods with any description;
10.1.2 The quality of the goods ; or
10.1.3 The fitness of the goods for any purpose whatsoever.
10.2 No liability of any nature shall be accepted by the seller to the buyer in any respect of any express term of this contract where such term relates in any way to:
10.2.1 The correspondence of the goods with any description;
10.2.2 The quality of the goods ; or
10.2.1 The fitness of the goods for any purpose whatsoever.
10.3 All implied terms, conditions or warranties as the correspondence of the goods to any description or the satisfactory quality of the goods or the fitness of the goods for any purpose whatsoever (whether made known to the seller or no) are hereby excluded from the contract.
11. Limitation of liability
11.1 Where any court or arbitrator determines that any part of clause 10 above is, for whatever reason, unenforceable, the seller shall be liable for all loss or damage suffered by the buyer but in any amount not exceeding the contract price.
11.2 Nothing contained in these terms and conditions shall be construed so as to limit or exclude the liability of the seller for death or personal injury as a result of the sellers negligence or that of its employees or agents.
12. Intellectual property rights
All intellectual property rights produced from or arising as a result of the performance of this agreement shall, so far as not already vested, become the absolute property of the seller, and the buyer shall do all that is reasonably necessary to ensure that such rights vest in the seller by the execution of appropriate instruments or the making of agreements with third parties.
13. Force Majeure The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage of availability of raw materials from a natural source of supply, and the seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the seller considers unreasonable, it may, without liability on its part, terminate the contract.
14. Relationship of parties Nothing contained in these terms and conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these terms and conditions shall be deemed to construe either of the parties as the agent of the other.
15. Assignment and sub-contracting
The contract between the buyer and seller for the sale of goods shall not be assigned or transferred, nor the performance of any obligation subcontracted, in either case by the buyer without the prior written consent of the seller.
The failure by either party to enforce at any time or for any period, any one or more of the terms or conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18. Governing law and jurisdiction This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the British courts.