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T H E   S H O P   F L O O R   P R O J E C T  | o b j e c t s   w o r t h y   o f   p a s s i n g   d o w n   t h r o u g h   g e n e r a t i o n s  

Website Building Application

TERMS AND CONDITIONS


THE SHOP FLOOR PROJECT


THE WAREHOUSE

BUXTON PLACE

ULVERSTON

CUMBRIA

LA12 7EF

UNITED KINGDOM


BACKGROUND:


This agreement applies as between you, the User of this Website and THE SHOP FLOOR PROJECT, the owner(s) of this Website.  Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website.  Clauses 3, 4, and 13 – 15 apply only to the sale of Goods.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.


No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.


     1.     Definitions and Interpretation


In this Agreement the following terms shall have the following meanings:  


“Account”means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;“Carrier”means any third party responsible for transporting purchased Goods from our Premises to customers;“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;“Goods”means any products that THE SHOP FLOOR PROJECT advertises and  / or makes available for sale through this Website;“Service”means collectively any online facilities, tools, services or information that THE SHOP FLOOR PROJECT makes available through the Website either now or in the future;“Payment Information”means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;“Premises”Means Our place(s) of business located at THE SHOP FLOOR PROJECT “System”means any online communications infrastructure that THE SHOP FLOOR PROJECT makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;“User” / “Users”means any third party that accesses the Website and is not employed by THE SHOP FLOOR PROJECT and acting in the course of their employment;“Website”means the website that you are currently using WWW.THESHOPFLOORPROJECT.COM and any sub-domains of this site unless expressly excluded by their own terms and conditions;“We/Us/Our”means THE SHOP FLOOR PROJECT


     1.     Age Restrictions


Payment Information must be provided by or with the permission of an Adult.


     1.     Business Customers


These Terms and Conditions also apply to customers buying Goods in the course of business.


     1.     International Customers


If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for these charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.


     1.     Intellectual Property


     1     Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of THE SHOP FLOOR PROJECT, Our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.


     2     Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.


     2.     Third Party Intellectual Property


     1     Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.


     2     Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.


     3.     Fair Use of Intellectual Property


Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.


     1.     Links to Other Websites


This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of THE SHOP FLOOR PROJECT or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.


     1.     Links to this Website


Those wishing to place a link to this Website on other sites may do so only to the home page of the site THE SHOP FLOOR PROJECT without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at info@theshopfloorproject.com


     1.     Use of Communications Facilities


     1     When using System on the Website you should do so in accordance with the following rules.  Failure to comply with these rules may result in your Account being suspended or closed:


     1     You must not use obscene or vulgar language;


     2     You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;


     3     You must not submit Content that is intended to promote or incite violence;


     4     It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;


     5     The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;


     6     You must not impersonate other people, particularly employees and representatives of THE SHOP FLOOR PROJECT or Our affiliates; and


     7     You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.


     2     You acknowledge that THE SHOP FLOOR PROJECT reserves the right to monitor any and all communications made to Us or using Our System.


     3     You acknowledge that THE SHOP FLOOR PROJECT may retain copies of any and all communications made to Us or using Our System.


     4     You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.


     2.     Goods, Pricing and Availability


     1     Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions.  This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.


     2     Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.


     3     We neither represent nor warrant that Goods will be available.  Stock indications are [not] provided on the Website [however such indications may not take into account sales that have taken place during your visit to the Website].


     4     All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.  


     5     In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, you will be refunded for the difference after payment has been made.


     6     All prices on the Website include VAT.  THE SHOP FLOOR PROJECT’s VAT number is 130907044


     3.     Orders and Delivery


     1     No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you an order confirmation email.  Only once We have sent you an order confirmation email will there be a binding contract between THE SHOP FLOOR PROJECT and you.


     2     Order confirmations under sub-Clause 14.1 shall contain the following information:


     1     Confirmation of the Goods ordered including full details of the main characteristics of those Goods;


     2     Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;


     3     Estimated delivery date(s) and time(s);


     3     [Order confirmations shall also be enclosed on paper with your Goods.]


     4     If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances.  In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.


     5     All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.


     6     The risk in the Goods shall remain with Us until they come into your physical possession.


     4.     Returns Policy


THE SHOP FLOOR PROJECT aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, Goods may need to be returned.  Returns are governed by these Terms and Conditions.


     1     If you receive Goods which do not match those that you ordered, you should contact Us within 14 calendar days to arrange return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  We are fully responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened.  Refunds will be issued wihin 28 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.


     2     If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged.  To return the damaged Goods, please contact Us within 14 calendar days to arrange return. We are fully responsible for paying shipment costs.  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.


     3     If any Goods you have purchased have faults when they are delivered to you, you should contact Us within14 calendar days to arrange return.  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  We are fully responsible for paying shipment costs.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued within 28 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.


     4     If any Goods you have purchased develop faults within 90 calendar days of delivery, you may be entitled to a replacement or repair but not a refund.  In order to arrange for such a replacement you should contact Us within the 90 calendar day period to arrange return. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you.



     1     If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you.  If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment.  If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt.  Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods.  You are responsible for paying return shipment costs if Goods are returned for this reason.  Refunds will be issued no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.


     2     THE SHOP FLOOR PROJECT may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:


     1     Goods made to your specifications or that have been personalised;


     2     Goods which are liable to deteriorate or expire rapidly;


     3     Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;


     4     Goods which are, after delivery, according to their nature, inseparably mixed with other items;


     5     Goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery.


     6     Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop).  Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 15.7.3 or 15.7.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.


     1.     Privacy


     1     Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.


     2.     How We Use Your Personal Information (Data Protection)


     1     All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.


     2     We may use your personal information to:


     1     Provide Our Goods and services to you;


     2     Process your payment for the Goods; and


     3     Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.


     3     In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.


     4     We will not pass on your personal information to any other third parties [without first obtaining your express permission].


     3.     Disclaimers


     1     We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of Our services.


     2     No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.


     3     No part of this Website is intended to constitute a contractual offer capable of acceptance.


     4     Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.


     4.     Changes to the Service and these Terms and Conditions


We reserve the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.


     1.     Availability of the Website


     1     The Website and any Service provided therein is provided “as is” and on an “as available” basis.  We give no warranty that the Website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.


     2     We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.


     2.     Limitation of Liability


     1     To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.  You should be aware that you use the Website and its Content at your own risk.


     2     Nothing in these Terms and Conditions excludes or restricts THE SHOP FLOOR PROJECT’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.


     3     In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.


     3.     No Waiver


In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.


     1.     Previous Terms and Conditions


In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.


     1.     Third Party Rights


Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and THE SHOP FLOOR PROJECT.


     1.     Communications


     1     All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@theshopfloorproject.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.


     2     We may from time to time, send you information about Our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.


     2.     Law and Jurisdiction


These Terms and Conditions and the relationship between you and THE SHOP FLOOR PROJECT shall be governed by and construed in accordance with the Law of England and Wales and THE SHOP FLOOR PROJECT and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.




Privacy Policy


BACKGROUND:


This Policy applies as between you, the User of this Website and THE SHOP FLOOR PROJECT the owner and provider of this Website.  This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.


     1.     Definitions and Interpretation


In this Policy the following terms shall have the following meanings:  




“Data”means collectively all information that you submit to the THE SHOP FLOOR PROJECT via the Website.  This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;“Cookie”means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.  Details of the cookies used by this Website are set out in Clause 12;“THE SHOP FLOOR PROJECT”means THE SHOP FLOOR PROJECT“UK and EU Cookie Law”means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;“User”means any third party that accesses the Website and is not employed by THE SHOP FLOOR PROJECT and acting in the course of their employment; and“Website”means the website that you are currently using WWW.THESHOPFLOORPROJECT and any sub-domains of this site unless expressly excluded by their own terms and conditions.




     1.     Scope of this Policy


This Policy applies only to the actions of THE SHOP FLOOR PROJECT and Users with respect to this Website.  It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.



     1.     Data Collected


Without limitation, any of the following Data may be collected by this Website from time to time:


     1     [name;]


     2     [date of birth;]


     3     [gender;]


     4     [job title;]


     5     [profession;]


     6     [contact information such as email addresses and telephone numbers;]


     7     [demographic information such as post code, preferences and interests;]


     8     [IP address (automatically collected);]


     9     [web browser type and version (automatically collected);]


     10     [operating system (automatically collected);]


     11     [a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected); and]





     1.     Our Use of Data


     1     Any personal Data you submit will be retained by THE SHOP FLOOR PROJECT for 12 months


     2     Unless we are obliged or permitted by law to do so, and subject to Clause 5, your Data will not be disclosed to third parties.  


     3     All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.  Fore more details on security see Clause 11 below.


     4     Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website.  Specifically, Data may be used by us for the following reasons:


     1     [internal record keeping;]


     2     [improvement of our products / services;]


     3     [transmission by email of promotional materials that may be of interest to you;]


     4     [contact for market research purposes which may be done using email, telephone, fax or mail.  Such information may be used to customise or update the Website.]



     2.     Third Party Websites and Services


     1     THE SHOP FLOOR PROJECT may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing.  The providers of such services do not have access to certain personal Data provided by Users of this Website.


     2     Any Data used by such parties is used only to the extent required by them to perform the services that THE SHOP FLOOR PROJECT requests.  Any use for other purposes is strictly prohibited.  Furthermore, any Data that is processed by third parties shall be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.



     1.     Links to Other Websites


This Website may, from time to time, provide links to other websites.  THE SHOP FLOOR PROJECT has no control over such websites and is in no way responsible for the content thereof.  This Policy does not extend to your use of such websites.  Users are advised to read the privacy policy or statement of other websites prior to using them.



     1.     Changes of Business Ownership and Control


     1     THE SHOP FLOOR PROJECT may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of THE SHOP FLOOR PROJECT.  Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.


     2     In the event that any Data submitted by Users is to be transferred in such a manner, you will be contacted in advance and informed of the changes.  When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.



     1.     Controlling Use of Your Data


     1     Wherever you are required to submit Data, you will be given options to restrict our use of that Data.  This may include the following:


     1     use of Data for direct marketing purposes; and


     2     sharing Data with third parties.



     2.     Your Right to Withhold Information


     1     You may access [certain areas of] the Website without providing any Data at all.  [However, to use all features and functions available on the Website you may be required to submit certain Data.]


     2     You may restrict your internet browser’s use of Cookies.  For more information see Clause 12.



     1.     Accessing your own Data


You have the right to ask for a copy of any of your personal Data held by THE SHOP FLOOR PROJECT (where such data is held).



     1.     Cookies


     1     This Website may place and access certain Cookies on your computer.  THE SHOP FLOOR PROJECT uses Cookies to improve your experience of using the Website and to improve our range of products. THE SHOP FLOOR PROJECT has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.


     2     All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.


     3     Before the Website places Cookies on your computer [subject to sub-Clause 12.4], you will be presented with a pop-up message requesting your consent to set those Cookies.  By giving your consent to the placing of Cookies you are enabling THE SHOP FLOOR PROJECT to provide the best possible experience and service to you.  You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.


     4     Certain features of the Website depend upon Cookies to function.  UK and EU Cookie Law deems these Cookies to be “strictly necessary”.




     1     This Website uses analytics services provided by Google Analytics.  Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how Users use the Website.  This, in turn, enables us to improve the Website and the products offered through it.  You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the Website it does enable us to continually improve our business.


     2     You can choose to enable or disable Cookies in your internet browser.  Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies.  By default, most internet browsers accept Cookies but this can be changed.  For further details, please consult the help menu in your internet browser.


     3     You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.


     4     It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.



     1.     Changes to this Policy


THE SHOP FLOOR PROJECT reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.