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Terms and Conditions

Welcome to the bennett-silks.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact our customer Services by email or call us on +44 (0)161 476 8600 between 9am-5.00pm. Please note that all calls to our Customer Services Representatives will be charged at the local rate (BT users only, other network charges may vary) and will be recorded for quality monitoring and training purposes).

Definitions

"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Bennett Silks; "Website" means the website located at www.bennett-silks.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:
  • The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on +44 (0)161 476 8600  between 9am-5.00pm.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:
  • modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Privacy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Your Personal Information may be disclosed to reputable third parties who will help process your order. Bennett Silks requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of Bennett Silks for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.

Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to the Administrative Head Office Bennett Silks.

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:
  • You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
  • We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Bennett Silks.
  • As your product is shipped from our warehouse you will be contacted by our subcontracted transporter to book a suitable delivery time and date.
  • Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:
  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.

The details of your specific contract will not be filed by Bennett Silks. If you do require any information regarding orders you have placed with Bennett Silks please contact us.

Contract cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns Procedure. Please note that your right to return Products does NOT apply to Products which are made to your specification(s) unless they are faulty.

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Bennett Silks and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Privacy Policy

Data privacy is important to Bennett Silks Ltd. This Privacy Notice describes the personal information we collect about you as a visitor to our website, how we use it, with whom we share it, and describes your choices regarding certain types of processing. If you have any questions regarding this Privacy Notice, contact sales@bennett-silks.co.uk
 
1. Introduction
Bennett Silks Ltd, Crown Royal Park, Higher Hillgate, Stockport SK1 3EY is committed to protecting and respecting your data privacy and your right to fair and just processing of your personal data. When you choose to provide us with data about yourself, we recognise that you trust us to act in a responsible manner.
 
This Privacy Notice sets out the basis on which your personal data will be processed by Bennett Silks Ltd, the data controller of your personal data under the compliance requirements of the General Data Protection Regulation (EU) 2016/679. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated by us.
 
2. Personal data we may collect about you
"Personal Data" means any information that identifies you directly or indirectly, including, without limitation, by reference to your name, e-mail address, login ID and other contact or location data or to one of more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity, that you voluntarily transmit with your communication to us.
 
We may collect the following types of Personal Data about you:
  • Device information: information such as what kind of browser a visitor is on, what operating system they are using, their IP address, cookie information, time stamp (time page accessed as well as time spent per web page) and their click through information (for example, which pages they have viewed and how long they have been there).
  • Contact details and Bennett Silks Ltd account details: In certain sections of the website, it may invite you to contact us to place enquiries, request information or complete a trade registration form. We may ask for Personal Data to be entered as a means of registration before accessing a certain part of the website. Visitors of the website do not have an obligation to enter any of their Personal Data, but information will be required in order to provide our content and services.
  • Transaction information: The website may also collect Personal Data when you use certain Bennett Silks Ltd services, through the use of the website, such as placing order or simply enquiring about a service that we provide.
 
There may also be instances where we will require your Personal Data for the purposes of complying with our duties and exercising our rights and obligations under a contract for services that we have with you, without which we may not be able to provide such services.
 
3. What we use your personal data for?
We may use data held about you in the following ways for the purpose of internal administration and to ensure that the content on this website is presented in the most effective manner for you and for your computer, and for further purposes described below:
 
Personal data used
  • Bennett Silks Ltd Account Details
  • Contact Details
  • Transaction information
  • Device information
 
Purpose
  • To allow us to verify your username and password when you are logging on to certain restricted areas of the website
  • To register you to use Bennett Silks Ltd services
  • To contact you to deliver certain services or information you have requested
  • To provide you with notices regarding our services
  • And other processing necessary to fulfil a contract with you and in connection with our legitimate interest to provide services to you in an efficient, secure and personalised way.
  • To send you personalised marketing communications, alerts and newsletters through our marketing channels, subject to your consent or otherwise as permitted by law, in order to provide you with information, products or services that you request from us or which we feel may interest you such as important changes to this website, new Bennett Silks Ltd services or changes to existing services.
  • To improve the content and general administration of the website and our services
  • To understand our visitors
  • And other processing necessary in connection with our legitimate interest to send you relevant information about our products and services, which may be subject to your consent where required by law, and to develop our content based on our users' interests
 
The website may process information that will be maintained, used and disclosed in aggregate form only, for example, without limitation, the total number of visitors to our website, the number of visitors to each page of our website, browser type, External Websites (as set out in section 7 below) linked to and IP addresses. Bennett Silks Ltd may analyse this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the website, track users' movement, and gather broad demographic information for aggregate use.
 
We may also process your information for our legitimate interest to ensure the security of your user account and our business, to prevent or detect fraud or abuses of our websites, products and services, to implement and enforce our general terms and conditions of business or any other agreements concluded with you, and to administer technical aspects of our website, including troubleshooting, diagnosis of technical and service problems, testing, encryption and similar operations.
 
4. Who we share your personal data with?
We may share your Personal Data with the following parties:
  • Companies in the same group of companies as us: We may disclose your Personal Data to any member of our group which means any company or partnership which is wholly or partly owned by any of Bennett Silks Ltd's general partners and any subsidiary or holding company of such company or partnership or any partnership of which such company is a partner (the "Bennett Silks Ltd Group").
  • Our outsourcing partners: Where we use suppliers, service providers and consultants in connection with our business activities, they may have access to your information, which they will process on our behalf.
  • Third parties: We will only disclose your Personal Data to third parties under the following conditions:-
    • if we are required to disclose or share your Personal Data in order to comply with any legal obligation or in order to enforce or apply our Terms and Conditions or any other agreement; or protect the rights, property, or safety of Bennett Silks Ltd, our customers, or others. This includes exchanging information with other companies and organisations for protection against credit risk and fraud;
    • in the event that we sell or buy any business or assets in which case we may disclose your Personal Data to the seller or buyer of such business or assets;
    • if Bennett Silks Ltd or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will of course be one of the transferred assets; and/or
    • with your specific consent either at the time you register with this website, or subsequently.
 
We do not disclose Personal Data to anyone else except as set out above.
 
IP Addresses
We may collect information about your computer or device including where available your IP address, operating system and browser type for system administration. This is data about our users' browsing actions and patterns and may also identify any individuals.
 
Cookies
We may obtain information about your general Internet usage by using a cookie file, which is stored on the hard drive of your computer or mobile device. Cookies contain information that is transferred to your computer's hard drive or mobile device. They help us to improve our website and to deliver a better and more personalised service. They enable us to collect information as is necessary for our legitimate interest to provide services to you in an efficient, secure and personalised way, including:-
  • to estimate our audience size and usage pattern
  • to store information about your preferences and so allow us to customise this website according to your individual interests
  • to speed up your searches
  • to recognise you when you return to this website
 
You may refuse to accept cookies by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of this website.
 
For further information on cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
 
What type of Cookies do we use?
The Bennett Silks Ltd websites use a combination of Strictly Necessary Cookies and Analytics Cookies:
 
Strictly Necessary Cookies - are essential to allowing you to move around our website and access its features. Such cookies do not gather your information nor track what other Internet sites you have visited. These cookies cannot be disabled.
 
The cookies used in our website are for the following purposes:
 
For monitoring whether the 'Sign up to our Newsletter' has already been displayed to you as a pop up. We monitor this so you are not bothered by it on every occasion that you visit our website.
 
For displaying items that you have previously viewed
 
We use Google Analytics Cookies and information collected and stored by these parties are transmitted and stored on servers in the United States of America per their privacy terms. To review their terms and conditions please use the hyperlinks provided below.
 
Used By Google Analytics
 
Name _ga
 
Expiry Date 2 years
 
Displays relevant cookie information for the website. These cookies are used to collect information about how people use the website. This allows us to make sure the website is meeting your needs, and help us understand what we could improve. See the Google Analytics Privacy Policy for more details.
 
How to manage Cookies through the browser?
To enable, disable or delete Analytics Cookies at browser level, please refer to the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" facility). Disabling a cookie or category of cookie does not delete the cookie from your browser; you will need to do this yourself from within your browser. If you disable one or more Analytics Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
 
5. Where we store your personal data?
In most cases any information that we receive will be transferred to us in the form of an email, when you may have completed a feedback form. It may also be stored within a record keeping area of the administrative side to our website to which we will refer when responding to an enquiry, sales enquiry, or order if appropriate. In these regards we have a legitimate purpose for retaining your information.
 
6. How long do we keep Personal Data for?
We will keep your Personal Data for as long as is necessary in connection with the purposes set out above, or for as long as you are a customer of Bennett Silks Ltd. After our relationship is terminated we will keep your Personal Data for a reasonable period, to maintain our records in accordance with the law and our legitimate business needs. We may keep an anonymous form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful reason to do so.
 
7. Your right to unsubscribe (opt-out)
If you would like us to stop sending you marketing communications you may email us at sales@bennett-silks.co.uk or the unsubscribe link in our marketing communications. Although we encourage you to use the unsubscribe link because it is automated, you may also send us a request and message via our contact page form. If possible, please include a copy of the communication you received to help facilitate a timely and accurate removal.
 
8. Your rights
This website may from time to time contain links to and from external websites, as well as our partner and/or affiliate websites. If you follow a link to their websites, please note that these websites will be covered by their own privacy notice (PN) and/or personal information collection statement (PICS). Bennett Silks Ltd does not accept any responsibility or liability for protection of Personal Data which you may submit to a third party’s website. We recommend that you check the wording of the relevant privacy notices before you submit any Personal Data to those websites.
 
Subject to certain provisions, you have the following general rights in relation to your Personal Data:
  • the right to be informed about how your Personal Data is being used;
  • the right to access the Personal Data we hold about you;
  • the right to withdraw consent or opt-out of receiving direct marketing messages;
  • the right to request the correction of inaccurate Personal Data we hold about you;
  • the right to request the blocking or deletion of your Personal Data where the processing does not comply with applicable data protection laws;
  • the right to object to processing activities, including where profiling activities occur;
  • the right to request that our processing activities are restricted, where for example you have contested that the Personal Data held by us may be inaccurate;
  • the right to contest a decision made regarding automated processing which significantly affects you;
  • the right to receive the Personal Data that you have provided to us in an appropriate format with a view to transferring that Personal Data to a separate service provider; and
  • The right to file a complaint with the UK Information Commissioner's Office (ICO) or your local data protection regulator, if you are unhappy with the way we are using your Personal Data. The contact number for the ICO is 0303 123 1113 or you can access their website via: https://ico.org.uk/
 
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below". We will generally aim to respond to enquiries within 7 days or sooner where required by law.
 
9. Security of your information
We endeavour to protect your information through the measures set out below. Unfortunately, we cannot always guarantee complete security. Unauthorised entry or use, hardware or software failures, events outside our control and other factors, may compromise the security of your information. Nevertheless, we will comply with our obligation to implement appropriate technical and organisational measures to ensure a level of security of Personal Data appropriate to safeguard against the risks of a personal data breach.
 
10. Children
Our website and services are not intended for children under the age of 16. If you are under 16, please ask your parent or guardian before using our website or services.
 
11. Contacting us
We are here to help and encourage you to contact us first to resolve your complaint.
 
Please contact us at sales@bennett-silks.co.uk with any questions or comments.
 
It is very important to us that your experience using www.bennett-silks.co.uk is positive. We respect your rights to privacy and the fair and just processing of your Personal Data.