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TERMS AND CONDITIONS AND PRIVACY POLICY

TERMS AND CONDITIONS FOR SUPPLY OF GOODS

PRIVACY POLICY

TERMS AND CONDITIONS FOR SUPPLY OF GOODS

Introduction

These are the only terms and conditions upon which Nine Circles Limited will contract with you for the supply of goods from it. These terms and conditions do not apply to the website for which separate terms apply [see below]. No alteration or substitution of these terms and conditions shall be valid unless agreed in writing.

A contract is formed between us when we confirm in writing that your order has been accepted.  Orders will not be accepted until:
2.1 we receive authorisation of your credit card payment or cleared funds;
2.2 any and all verification and identity checks we deem necessary to comply with any legislation or regulation have been completed to our satisfaction.

Our employees and/or agents are not authorised to make any representations concerning our goods.  In entering into the contract you acknowledge that you do not rely on any representations other than those in these terms and conditions.

Any typographical, clerical or other error or omission in any of our catalogues, advertisements, website, quotation, price list, acceptance of offer, invoice or other document or information issued by us (“sales literature”) may be corrected without any liability on our part.

No drawings, illustrations or descriptions or any other information submitted or contained in sales literature shall be deemed to form part of the contract but are for general information and guidance only.

Availability
We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us or cannot lawfully be supplied to you, and refund any payment you have made for them. Other goods ordered by you would be dispatched in the normal way.

Swords and other cutting edge weapons
7.1 Certain of our products are not available for sale to anyone under the age of 18. We may ask you to provide proof of your age. We reserve the right to withdraw acceptance of your order without providing you with a reason and without liability on our part.
7.2 Further, the sale of swords with a curved blade of more than 50cm in length is banned in the UK under The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008 ("the Order"). Under certain circumstances a defence may be raised. Therefore, you warrant, undertake and represent to us that pursuant to the Order you are:
7.2.1 currently registered as a member of a bona fide martial arts club within the United Kingdom;
7.2.2 you will use any product falling within the scope of the Order only for a permitted activity;
7.2.3 to the best of your knowledge, the martial arts club to which you belong has relevant public liability insurance cover in place pursuant to the Order;
7.3 You give your permission for us to carry out all checks we, in our sole discretion, deem necessary in order for us to comply with the Order and any other applicable law and for third parties to provide such information and/or documents as we request for such purpose;
7.4 A non-refundable deposit of 10% of the value of each order will be taken in every case where we, in our sole discretion, deem verification checks are necessary.
7.5 You will indemnify us for any liability arising from the performance, non-performance, or breach of this agreement, or from use of any information or materials supplied by you under this agreement including, but not limited to breach of clause 7.2.

Deposits on Special Orders
Where you wish to order goods which are identified on the website as Special Orders (tailor made clothing for example) a deposit equalling 10% of the total purchase price (inc VAT) will be required. The deposit will be returned if we are unable to perform the contract due to our error or omission but not where you cancel the contract, unless you are a consumer and the contract is cancelled further to the provisions of clause 16.

Price
The price of the goods is exclusive of value added tax (if applicable) packing, postage and carriage costs which shall be displayed on our website and confirmed to you at the time of your order. Carriage costs will normally be charged at the rate as set out on the website dependant on the goods ordered and the country of delivery and means of carriage. All payments must be in pounds sterling.

Import Restrictions
You shall be responsible for ensuring the goods you order are permitted to be imported to your country of residence, for obtaining any export and/or import licenses that may be required and for complying with any age restrictions on ownership of the goods which may apply in your country of residence. You shall indemnify us for all losses, damages, costs and expenses which we may suffer or incur if you breach this term. Where goods are impounded by any lawful authority or otherwise you shall remain liable to us for the price of such goods unless such action can be shown to have arisen due to a fault by us.

Delivery
Goods will be delivered to the country and address you provide to us and will normally be despatched within [7] working days of your order being accepted unless we state otherwise. Time for delivery shall not be of the essence and we shall not be liable for any delay in delivery.  If we fail to despatch any goods within [30] days of accepting your order (or such other period we have notified to you), we shall refund in full your payment in respect of such goods unless you agree to our extending the time for delivery.
If you fail to take delivery of the goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control (subject to clause 11) or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:

12.1 store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

12.2 sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.

Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by us to deliver any instalment in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to treat the contract as repudiated as a whole.

Title and Risk
Risk of damage to, or loss of, goods shall pass to you at the time the goods leave our premises for delivery including where we arrange for delivery. 

Consumer Rights and the Right to Cancel
Your statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and limitations set out in these terms and conditions.
Subject to clause 17 you shall from the time the contract between us is formed until a period of 7 days following delivery of the goods, have the right to cancel the contract by sending written notice of cancellation to us at the e-mail, fax or postal address set out at the end of these terms and conditions.
Your right to cancel shall not apply where the contract is for the supply of goods which are goods intended for every day consumption or where the goods are ordered to a specification supplied by you (e.g. tailored clothing) and/or are personalised for you.
In the event you cancel the contract under clause 16 above:

18.1 you shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us; and

18.2 we shall reimburse any sum paid to us by you within 30 days of the notice of cancellation being given.

Where the goods are not consumables you have the right to require goods be repaired or, where appropriate, replaced for a period of six months after the contract between us is formed if you assert the goods do not conform to the contract save where we can establish that the goods do so conform.

Warranties
We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994).  There may, however, be minor variations between the goods as shown or described in our sales literature and those despatched to you (the goods despatched will always be of a comparable or superior quality).
The goods (unless we notify you otherwise) will be acquired from the manufacturers and or retailers which we specify upon our website.

Disclaimers
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage. 
Subject as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
In no circumstances shall our liability to you exceed the invoice value of the goods.
We shall not be liable for situations of force majeure where any failure in the performance of any of our obligations is caused by factors outside our control.

Indemnity
You agree not to offer the goods for resale either within or outside the United Kingdom without the written permission of Nine Circles Ltd.  You shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.

Third Party Rights
In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.

Communications
Any communication between us shall be by e-mail fax or first class post to our current e-mail, fax or postal address as set out at the end of these terms and conditions and to your e-mail fax or postal address which you may have notified to us.

Variation
We reserve the right to vary these terms and conditions at any time but the terms and conditions which apply to the contract between us shall be those in force at the time we accept your order.

Enforceability
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

Law
The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
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TERMS OF USE FOR THE WEBSITE

It is a condition of Nine Circles Limited (“Nine Circles”) allowing you free access to the material on this website that you accept the terms and conditions of this notice.

Copyright

The contents of this website are copyright Nine Circles 2005.  The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:

(a) print or download extracts of the materials on this site for your personal use; or
(b) copy the materials on this site for the purpose of sending or displaying to individual third parties for their personal information, provided that you acknowledge Nine Circles as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Information Provided

INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors.  Information may be changed or updated without notice. It is therefore essential that you verify all such information before taking any action in reliance upon it.

Links

Nine Circles makes no representations whatsoever about any other website which you may access through this one.  When you access a website which does not belong to Nine Circles, please understand that it is independent from Nine Circles, and that Nine Circles has no control over the contents of that website.  In addition, a link to a non-Nine Circles website does not mean that Nine Circles endorses or accepts any responsibility for the content, or the use, of such website or any products or services offered through it. 

Limitation of Liability

IN NO EVENT WILL NINE CIRCLES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY USE OF ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NINE CIRCLES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NINE CIRCLES PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, NINE CIRCLES DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS, BE TIMELY, SECURE OR ERROR-FREE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNAVAILABILITY OF THE WEBSITE FROM TIME TO TIME OR FROM YOUR INABILITY TO USE THE WEBSITE.

IN NO EVENT WILL NINE CIRCLES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING LOSS OF PROFITS, EVEN IF NINE CIRCLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM NINE CIRCLES’S NEGLIGENCE.

 

OUR PRIVACY POLICY

This document explains how we use your personal data.

Nine Circles Limited is a company registered in England and Wales with company registration number 03413817 and having its registered office at Unit 6 Bamel Way, Gloucester Business Park, Brockworth, Gloucester GL3 4BH, United Kingdom. This website is run and administered by Nine Circles Limited, and Nine Circles Limited is the data controller for all personal data collected through this website.

We are committed to ensuring the privacy of our clients and other website visitors. In this policy we explain how we hold, process and retain your personal data.

  1. How we use your personal data
    1. This section provides you with information about:
  1. what personal data we hold and process;
  2. in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;
  3. the purposes for which we may process your personal data; and
  4. the legal grounds on which we process your data.
    1. Contact data. We may process contact details that you provide to us ("contact data"). This contact data may include your name, telephone number, and email address, and may be provided through our website when you express an interest in purchasing one of our products. The legal basis for this processing is our legitimate interest in introducing you to our goods and services.

We may process your contact data if you decide to purchase one of the products available from our website. Your contact data may be processed in this way for the purposes of performing our contract with you, or in taking steps at your request prior to entering into a contract.

We may use this contact data to contact you to discuss your use of our website, and how our website performed and functioned for you. This may include requesting you to complete surveys about our website and service. The legal basis for this processing is our legitimate interest in ensuring the efficient administration and continued function of our website by users.

We may use this contact data if you enter a competition, in order to contact you as necessary. The legal basis for this processing is our legitimate interest in ensuring the efficient administration of any such competition.

Where you have provided your consent for us to do so, we may send you marketing communications, including communications regarding the latest promotions and offers regarding our products and services,

Where we pass your information to third parties, this information will be anonymized and aggregated with other user information (for example, we may inform them that 500 men aged 30 have clicked on their advertisement on any given day). These third parties may use such aggregated data to target particular demographics (for example, everyone under the age of 30 in the Midlands).

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

  1. Payment Data. If you decide to purchase one of the products available from our website, we will ask your for further information in order to complete a purchase (“purchase data”). This purchase data may include your address, financial and credit card information, a personal description of yourself, a photograph, details of your personal identification such as your passport, drivers licence, or identity card, utility bills, bank statements, and tax statements.

We may use this data to process your purchase. This may include contacting you with a summary of your order, requesting and processing payment, and administering the necessary identification checks.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

  1. Website data. We may process data about your use of our website and services ("website data"). The website data may include your IP address, geographical location, browser type and version, time zone setting, browser plug-in types, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the website data is our analytics tracking system. This website data may be processed for the purposes of analysing on an anonymous, statistical basis the use of the website and services.

The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

  1. Enquiry data. We may process information contained in any other enquiry you submit to us regarding our products or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

  1. Notification data. We may process information that you provide to us for the purpose of subscribing to our newsletters ("notification data"). The notification data may be processed for the purposes of sending you newsletters.

The legal basis for this processing is consent.

  1. Correspondence data. We may process information contained in or relating to any other communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

  1. Other processing activities. In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Please do not supply any other person's personal data to us, unless we prompt you to do so or have entered into a written data processing agreement with you.

  1. Providing your personal data to others
    1. Our partner service providers. We may disclose your data to  Sage Pay Europe Limited (Company Registration Number 07492608, registered office North Park, Newcastle on Tyne, NE13 9AA) and Worldpay Group Limited (Company Registration Number 08762327, registered office The Walbrook Building, 25 Walbrook, London EC4N 8AF) (our payment service providers) and banks, organisations that we work with in order to provide services to you. This may include other companies within our group of companies.
    2. Our professional advisers. We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice and managing legal disputes.
    3. Our third party contractors. We may disclose your personal data to third parties who provide services to us:
      1. that are necessary to enable us to supply goods and services to you such as courier services, or
      2. that are necessary for the conduct or administration of our business such as IT support engineers, or
      3. that enable the sending to you of emails that you have opted to receive from us.

In each of the foregoing cases we shall only supply to such service providers the minimum amount of personal data required to enable them to provide their services.

  1. Selected third parties for marketing. Where you have provided your consent for us to do so, we may pass your personal data on to third parties for marketing purposes. Subject to 2.3.3 above, this information will be anonymized and aggregated with other user information (for example, we may inform them that 500 men aged 30 have clicked on their advertisement on any given day). These third parties may use such aggregated data to target particular demographics (for example, everyone under the age of 30 in the Midlands).
  2. Where we provide your personal data to any third party. Where we share your personal data with any third party, we will ensure this processing is protected by appropriate safeguards including a suitable data processing agreement with that third party.
  3. To comply with legal obligations. In addition to the specific disclosures of personal data detailed above, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation we have to comply with, or in order to protect your vital interests or the vital interests of another individual.
  1. Transfers of your personal data outside of the European Economic Area
    1. Your personal data may be transferred and stored outside of the EEA. It will also be processed by staff of our suppliers operating outside of the EEA.
    2. Where your personal data is transferred outside of the EEA, we will ensure that either (a) The European Commission has made an "adequacy decision" with respect to the data protection laws of the country to which it is transferred, or (b) we have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data. In all cases, transfers outside of the EEA will be protected by appropriate safeguards.
  2. Retaining and deleting personal data
    1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    2. Unless we contact you and obtain your consent for us to retain your personal data for a longer period, based on our experience of operating the business of Nine Circles Limited we will retain and delete your personal data as follows:
  1. Contact data will be retained for 7 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
  2. Purchase data will be retained for 7 years following the date on which that purchase is completed, at the end of which period it will be deleted from our systems.
  3. Website data will be retained for 7 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
  4. Enquiry data will be retained for 7 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
  5. Notification data will be retained for 7 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
  6. Correspondence data will be retained for 7 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
    1. We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  1. Amendments
    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.
    3. We may notify you of changes to this policy by email.
  2. 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:
  1. your request not being found to be unfounded or excessive, in which case a charge may apply; and
  2. 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).
    1. We may withhold personal information that you request to the extent permitted by law.
    2. You may instruct us at any time not to process your personal information for marketing purposes.
    3. 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.
    4. The rights you have under data protection law are:
  1. the right to access;
  2. the right to rectification;
  3. the right to erasure;
  4. the right to restrict processing;
  5. the right to object to processing;
  6. the right to data portability;
  7. the right to complain to a supervisory authority; and
  8. the right to withdraw consent.
    1. Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies.
    2. Your right to rectification. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies rectified. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.
    3. Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; you withdraw your consent to any processing which requires consent; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for establishing, exercising or defending legal claims.
    4. Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. This is the case where: you do not think that the personal data we hold about you is accurate; your data is being processed unlawfully, but you do not want your data to be erased; it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
    5. Your right to object to processing. You can object to us processing your personal data on grounds relating to your particular situation, but only as far as our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim.
    6. Your right to object to direct marketing. You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose.
    7. Your right to object for statistical purposes. You can object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest.
    8. Complaining to a supervisory authority. If you think that our processing of your personal data infringes data protection laws, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
    9. Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
    10. Exercising your rights. You may exercise any of your rights in relation to your personal data by written notice to us at our registered office at Unit 6 Bamel Way, Gloucester Business Park, Brockworth, Gloucester GL3 4BH, United Kingdom or by email to us at sales@ninecircles.co.uk.
  1. Cookie Policy

For information about how we use Cookies please see our Cookie Policy at http://www.ninecircles.co.uk/Cookie_Policy.aspx

  1. Our details
    1. This website is owned and operated by Nine Circles Ltd.
    2. We are registered in England and Wales under registration number 03413817, and our registered office is at Unit 6, Bamel Way, Gloucester Business Park, Brockworth, Gloucester GL3 4BH.
    3. You can contact us:
  1. by post, using the postal address given above;
  2. using our website contact form;
  3. by telephone, on the contact number published on our website from time to time; or
  4. by email, using the email address published on our website from time to time.