TERMS AND CONDITIONS FOR SUPPLY OF GOODS
TERMS AND CONDITIONS FOR SUPPLY OF GOODS
The Customer’s attention is particularly drawn to the provisions of clause 21 (Limitation of liability).
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply Goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement made either during our discussion of your requirements or in any of the documents included in the Contract.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Nine Circles Limited a company registered in England and Wales. Our company registration number is 03413817 and our registered office is at Unit 6, Bamel Way, Gloucester Business Park, Brockworth, Gloucester, UK, GL3 4BH. Our registered VAT number is 742 1365 53.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01452 372500 or by writing to us at Unit 6, Bamel Way, Gloucester Business Park, Brockworth, Gloucester, UK, GL3 4BH, or by emailing us at
2.3 How we may contact you. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 DEFINITIONS AND INTERPRETATION
“Commencement Date” means the date on which the Contract is made;
“Conditions” means these terms and conditions as from time to time amended;
"Contract" means the contract between you and us for the sale of Goods to you made in accordance with these Conditions;
“Customer Data” means data we enter on our computer network relating to you for the purposes of selling and delivering Goods to you;
"Data Protection Legislation" means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;
"Delivery Location" means the address specified by you for delivery of the Goods;
"Force Majeure Event" means has the meaning given to it in clause 19;
"GDPR" means General Data Protection Regulation ((EU) 2016/679);
"Goods" means all items we agree to sell to you in accordance with the Contract
"Order" means your order for the purchase of Goods made through our website at
“Order Acknowledgement” means our acceptance of your Order, advised to you by email to the email address you provide when making your order.
4 BASIS OF CONTRACT
4.1 These are the only terms and conditions upon which we will contract with you for the sale of goods to you. No alteration or substitution of these terms and conditions shall be valid unless agreed in writing.
4.2 The preparation and display of a catalogue of our Goods is not an offer capable of acceptance but a description of the Goods we could supply to you.
4.3 You may submit an Order to us using the online facility on our website or by email or telephone. Submission of an Order is deemed in all respects to be an offer by you to buy the specified goods in accordance with these Conditions.
4.4 Your Order shall only be deemed to be accepted when we issue an Order Acknowledgement to you by email or by post at which point and on which date the Contract shall come into existence.
4.5 If we are unable to accept your Order, we will inform you of this by telephone, post or email and will not charge you for the Goods. If you have paid us when placing your Order we will, in these circumstances refund that payment in full. We might decline your Order because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Goods.
4.6 We will allocate an order number to the Order (when and if accepted) and notify it to you for use in all subsequent communications.
4.7 Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Goods contained in our catalogues or brochures or on our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
4.8 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 the Conditions.
4.9 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.
4.10 Certain of our Goods 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.
4.11 The sale of swords with a curved blade of more than 50cm in length between the top of the handle to the tip of the blade 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:
4.11.1 you are at the time and date of the Contract registered as a member of a bona fide martial arts club within the United Kingdom that has relevant public liability insurance cover in place pursuant to the Order; and
4.11.2 you will use any Goods falling within the scope of the Order only for the carrying out of a historical re-enactment or sporting activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the holding of such an activity.
4.12 By placing an Order for Goods falling within the scope of the Order, 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.
5 PRICE AND PAYMENT TERMS
5.1 The price of 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 no later than 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 the currency stipulated in our invoice to you.
5.2 If VAT is payable on the price of your Order, you will pay the amount of that VAT to us in full at the time of placing your Order.
5.3 If we, in our absolute discretion, consider it necessary or advisable to undertake verification checks on your identity, residence and/or use of Goods we shall advise you and as a condition of our undertaking such checks you will pay us a deposit of 10% of the VAT exclusive amount of your Order plus all of the VAT that would be payable if we deliver the Goods to you in accordance with these Conditions.
5.4 Where you wish to order Goods which are identified on the website as Special Orders (tailor made clothing for example) we will inform you of our required payment terms and if they are agreed we will confirm that agreement by email.
6 IMPORT RESTRICTIONS
6.1 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 or use 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.
7 DELIVERY OF THE GOODS
7.1 We shall ensure that:
7.1.1 each delivery of Goods is accompanied by a delivery note which shows the date of the Order, the Order Number, the type and quantity of the Goods, and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
7.1.2 it states clearly on the delivery note any requirement for you to return any packaging material to us. You shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.
7.2 We shall deliver the Goods to the delivery location specified in the Order at any time after we notify you that the Goods are ready.
7.3 Delivery of the Goods shall be completed on their arrival at the specified location.
7.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.5 If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
7.6 If you fail to accept delivery of the Goods within three Business Days of our notifying you that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with its obligations under the Contract in respect of the Goods:
7.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which we notified you that the Goods were ready; and
7.6.2 we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
7.7 If ten Business Days after we notified you that the Goods were ready for delivery you have not accepted delivery of them, we may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
8 QUALITY OF GOODS
8.1 We warrant that on delivery, and for a period of 12 months from the date of delivery (but 3 months in the case of wooden or bamboo weapons) ("warranty period"), the Goods shall:
8.1.1 conform in all material respects with their description;
8.1.2 be free from material defects in design, material and workmanship;
8.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
8.1.4 be fit for any purpose held out by us.
8.2 Subject to Condition 8.3, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
8.2.1 You give notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.1;
8.2.2 We are given a reasonable opportunity of examining such Goods; and
8.2.3 You, if we so ask, return such Goods to our place of business at our cost.
8.3 We shall not be liable for the Goods’ failure to comply with the warranty in Condition 8.1 if:
8.3.1 you make any further use of such Goods after giving a notice in accordance with Condition 8.2.1;
8.3.2 the defect arises because the you failed to follow our oral or written instructions as to the use or maintenance of the Goods or (if there are none) good practice;
8.3.3 the defect arises as a result of our following any drawing, design or specification supplied by you;
8.3.4 you alter or repair such Goods without our written consent;
8.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
8.3.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
8.4 Except as provided in this Condition 8, we shall have no liability to you in respect of the Goods’ failure to comply with the warranty set out in Condition 8.1.
8.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by us.
9 YOUR RIGHTS TO END THE CONTRACT
9.1 Your rights on ending the Contract will depend on the nature of the Goods, whether they are defective in any material respect, when you decide to end the Contract, and whether you are a consumer or business customer:
9.1.1 If any of the Goods are faulty or misdescribed you may have a legal right to end the Contract or to get such Goods repaired or replaced or to get a full or partial refund. Condition 13 will apply if the Customer is a consumer and Condition 14 if a business;
9.1.2 If you want to end the Contract because of an actual or anticipated action of the Supplier, Condition 9.2 will apply;
9.1.3 If you are a consumer that has simply decided it does not want the Goods, Condition 9.3 will apply. You may be entitled to a refund if the Contract is ended within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
9.1.4 In all other cases (if we are not at fault and you are not a consumer exercising its right to change its mind), Condition 9.6 will apply.
9.2 If you seek to end the Contract for a reason set out below in this Condition the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 We have told you about an upcoming change to the Goods which you are unwilling to accept,
9.2.2 We have told you about an error in the price or description of the Goods and you do not wish to proceed,
9.2.3 There is a risk that supply of the Goods may be significantly delayed because of events outside our control;
9.2.4 We have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
9.2.5 You are entitled to end the Contract because of our breach.
9.3 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions.
9.4 If you are a consumer your rights as such to change your mind do not apply in respect of:
9.4.1 any Goods that are made or customised to meet your specified requirements;
9.4.2 any products which become mixed inseparably with other items after their delivery.
9.5 If you are a consumer, the time within which you have a right to change your mind depends on what you ordered and how it is delivered. In the case of Goods, it is 14 days after the day on which you or your nominee receives them, unless the Goods were made or customised to meet your specified requirements in which case there is no such right.
9.6 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Condition 9.1), you can still end the Contract before it is completed, but may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end the Contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, you must advise us of your wish to end the Contract. In that case, the Contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of the ending of the Contract.
10 METHOD OF ENDING THE CONTRACT (INCLUDING CASES WHERE YOU ARE A CONSUMER THAT HAS CHANGED ITS MIND)
10.1 If you wish to end the Contract you must give notice to us by doing one of the following:
10.1.1 A telephone call to our customer services on +44 (0) 1452 372500 or an email to us at email@example.com, in each case providing your name, address, Order number, phone number and email address.
10.2 If you end the contract for any reason after you have received the Goods, you are obliged to return them to us in person or by post to the Supplier at Unit 6, Bamel Way, Gloucester Business Park, Brockworth, Gloucester, UK GL3 4BH. If you are a consumer exercising the right to change its mind you must send off the Goods within 14 days of notifying us that you want to end the Contract.
10.3 We will pay the costs of return:
10.3.1 if the Goods are faulty or misdescribed; or
10.4 if you are ending the contract because we have informed you of an upcoming change to the Goods or these Conditions, an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising the right to change its mind) you must pay the costs of return.
10.5 If you are entitled to a refund under these Conditions we will refund the price paid for the Goods delivery costs, by the method used by you for payment. However, we may make deductions from the price, as described below.
10.6 If you are exercising your right to change your mind:
10.6.1 We may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in any way. If we refund the price paid before we are able to inspect the Goods and later discover that you have so handled them, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that we offer.
10.7 We will make any refunds due as soon as practicable. If you are a consumer exercising the right to change your mind then:
10.7.1 In the case of Goods, the refund will be made within 14 days from the day on which they are returned or recovered or, if earlier, the day on which the Customer provides evidence of return.
10.7.2 In all other cases, the refund will be made within 14 days after the notification by the Customer of its change of mind.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the Contract at any time by notice to you if:
11.1.1 You do not make any payment to us when due and you still do not make payment within 14 days after we remind you that payment is due;
11.1.2 You do not, within a reasonable time after our request, provide us with information that is necessary for the provision of Goods;
11.1.3 You do not, within a reasonable time, accept delivery of the Goods; or
11.2 If we end the Contract in any of the circumstances set out in clause 11.1 we will refund any money paid in advance for Goods not provided by us, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of the ending of the Contract.
11.3 We will advise you of any intention to withdraw the supply of Goods at least 1 business day in advance of such withdrawal and will refund any sums paid in advance for Goods which will not be provided.
12 IF THERE IS A PROBLEM WITH THE GOODS
If you have any questions or complaints about any of the Goods you must promptly inform us by telephoning our customer service team at 01452 372500 or by emailing it at firstname.lastname@example.org.
13 YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS OR SERVICES IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with the Contract.
The below contains a summary of such Customer’s key legal rights in relation to the Goods and Services. Nothing in these Conditions will affect such legal rights.
Summary of key legal rights
This is a summary of the Customer’s key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In the case of Goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Goods the Customer’s legal rights entitle it to the following:
a) Up to 30 days: if the Goods are faulty, then the Customer can get an immediate refund.
b) Up to six months: if the Goods cannot be repaired or replaced, then the Customer is entitled to a full refund, in most cases.
c) Up to six years: if the Goods do not last a reasonable length of time the Customer may be entitled to some money back.
See also Condition 9.3.
In the case of the Services, the Consumer Rights Act 2015 says:
a) The Customer can ask the Supplier to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if the Supplier cannot repeat or fix it.
b) If the Customer has not agreed a price beforehand, what the Customer is asked to pay must be reasonable.
c) If the Customer has not agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 9.2.
13.2 If you wish to exercise the legal rights to reject Goods you must return them in person or by post to us. We will pay the costs of postage or collection in accordance with Condition 10.3. The Customer must call the Supplier’s customer services on 01452 372500 or email it at email@example.com for a return label or to arrange collection.
14 THE CUSTOMER’S RIGHTS IN RESPECT OF DEFECTIVE GOODS OR SERVICES IF IT IS A BUSINESS
14.1 If you are a business customer we warrant to you that on delivery, and for a period of  months from the date of delivery save in respect of wood or bamboo weapons where the period is 3 months from the date of delivery ("warranty period"), the Goods shall:
14.1.1 conform in all material respects with their description contained in our website or catalogue;
14.1.2 be free from material defects in design, material and workmanship;
14.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
14.1.4 be fit for any purpose held out by us.
14.2 Subject to clause 8.3, if:
14.2.1 You give us notice in writing during the warranty period within a reasonable time of discovery that any of the Goods do not comply with the warranty set out in Condition 14.1;
14.2.2 We are given a reasonable opportunity of examining Goods; and
14.2.3 You return such Goods to us at your cost,
We shall, at our option, repair or replace the defective Goods, or refund its price in full.
14.3 We shall not be liable for any Goods’ failure to comply with the warranty in Condition 14.1 if:
14.3.1 You make any further use of such Goods after giving a notice in accordance with Condition 8.2.1;
14.3.2 the defect arises because you failed to follow our oral or written instructions as to the use or maintenance of the Goods or (if there are none) good trade practice;
14.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
14.3.4 You alter or repair the Goods without our written consent; or
14.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
14.4 Except as provided in this Condition 14, the Supplier shall have no liability to the Customer in respect of Goods’ failure to comply with the warranty set out in Condition 14.1.
14.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under Condition 14.2.3.
15 TITLE AND RISK
15.1 The risk in the Goods shall pass to you at the time the goods leave our premises for delivery including where we arrange for delivery.
16 TITLE AND RISK
16.1 The title in the Goods shall pass to the Customer on completion of delivery.
16.2 You agree not to offer the Goods for resale either within or outside the United Kingdom without our written permission and you shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this Condition.
17 DATA PROTECTION AND DATA PROCESSING
17.1 We and you will comply with all applicable requirements of the Data Protection Legislation. This clause 19 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
17.2 For the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
17.3 Without prejudice to the generality of Condition 17.1, we shall, in relation to any Personal Data processed in connection with our performance of our obligations under the Contract:
17.3.1 process personal data only on your instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to the Supplier to process personal data (Applicable Data Processing Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing personal data, we shall promptly notify you of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit us from so notifying you;
17.3.2 ensure that we has in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
17.3.3 ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
17.3.4 not transfer any personal data outside the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
184.108.40.206 You or we have provided appropriate safeguards in relation to the transfer;
220.127.116.11 the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
18.104.22.168 We comply with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
22.214.171.124 We comply with reasonable instructions notified to it in advance by you with respect to the processing of the personal data;
17.3.5 notify you without undue delay on becoming aware of a personal data breach;
17.3.6 at your written direction, delete or return personal data and copies thereof to you on termination of the Contract unless required by Applicable Data Processing Law to store the personal data; and
17.3.7 maintain complete and accurate records and information to demonstrate its compliance with this Condition 17.
17.4 By placing your Order you consent to our appointing any third party processor of Personal Data under the Contract.
18 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION.
18.1 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
18.1.1 death or personal injury caused by negligence;
18.1.2 fraud or fraudulent misrepresentation; and
18.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
18.2 Subject to Condition 18.1, our total liability to you shall not exceed the sum stated in the contract to be the price of the Goods you buy from us. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
18.3 This Condition 18.3 sets out specific heads of excluded loss:
18.3.1 Subject to Condition 18.1, the types of loss listed in Condition 18.3.2 are wholly excluded by the parties
18.3.2 The following types of loss are wholly excluded:
126.96.36.199 Loss of profits,
188.8.131.52 Loss of sales or business,
184.108.40.206 Loss of agreements or contracts,
220.127.116.11 Loss of anticipated savings,
18.104.22.168 Loss of use or corruption of software, data or information,
22.214.171.124 Loss of or damage to goodwill, and
126.96.36.199 Indirect or consequential loss.
18.4 We have given commitments as to compliance of the Goods in these Conditions. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.
18.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become aware, of your having grounds to make a claim in respect of the event and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
18.6 This Condition 18 shall survive termination of the Contract.
19 FORCE MAJEURE
19.1 Neither we nor you shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of our respective obligations under the Contract if such delay or failure result from events, circumstances or causes beyond reasonable control.
20.1 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 affect any right or remedy of a third party which exists or is available apart from that Act.
20.2 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
20.3 We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
21.1 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.
21.2 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:
21.2.1 print or download extracts of the materials on this site for your personal use; or
21.2.2 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.
21.3 Information on this website is 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.
21.4 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.
21.5 Nine Circles provides the services available on this website “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.
21.6 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.
21.7 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 except for death or personal injury arising from Nine Circles’ negligence.
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.
- How we use your personal data
- This section provides you with information about:
- what personal data we hold and process;
- 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;
- the purposes for which we may process your personal data; and
- the legal grounds on which we process your data.
- 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.
- Payment Data. If you decide to purchase one of the products available from our website, we will ask you 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Providing your personal data to others
- 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.
- 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.
- Our third party contractors. We may disclose your personal data to third parties who provide services to us:
- that are necessary to enable us to supply goods and services to you such as courier services, or
- that are necessary for the conduct or administration of our business such as IT support engineers, or
- 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.
- 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).
- 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.
- 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.
- Transfers of your personal data outside of the European Economic Area
- 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.
- 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.
- Retaining and deleting personal data
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- We may update this policy from time to time by publishing a new version on our website.
- You should check this page occasionally to ensure you are happy with any changes to this policy.
- We may notify you of changes to this policy by email.
- Your rights
- You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
- your request not being found to be unfounded or excessive, in which case a charge may apply; 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).
- We may withhold personal information that you request to the extent permitted by law.
- You may instruct us at any time not to process your personal information for marketing purposes.
- 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.
- The rights you have under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org.
- Our details
- This website is owned and operated by Nine Circles Ltd.
- 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.
- You can contact us:
- by post, using the postal address given above;
- using our website contact form;
- by telephone, on the contact number published on our website from time to time; or
- by email, using the email address published on our website from time to time.