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Terms and Conditions of Sale
These Terms and Conditions of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through websites, www.sonneteer.com and www.sonneteer.co.uk (“Our Site”). Please read these Terms and Conditions of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
The terms and conditions below form the entire contract between us (as per definitions below) and are the basis on which any disagreement will be considered.
By placing an order and/or purchasing any Goods as defined below, you will be deemed to have accepted these Terms and Conditions of Sale.
1. Definitions and Interpretation
1.1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“We/Us/Our” means FTM Marketing Ltd, trading as Sonneteer, a company registered in England under number 2892657, and whose address is PO Box 1545 Guildford GU1 9XW and whose main trading address is Cart Hovel Lascome Estate, GU3 1BB.
“Contract” means a contract for the purchase and sale of Goods,
as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods, made by telephone, online, by email or other form of correspondence;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“Business Day” means any day other than Saturday or Sunday or a UK Bank Holiday; “Calendar Day” means any day of the year; “Month” means a calendar month; “Price” means the price payable for the Goods; “Special Price” means a special offer price payable for the Goods; “Chosen Carrier” means Our chosen carrier, normally UPS unless specified otherwise, whom We shall use to dispatch the Goods to you. “Standard Delivery” means Our standard delivery method, UPS Standard or equivalent unless otherwise agreed; “Pre-Contract Information” means information that We are legally required to provide under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including description of goods, price, and your legal rights, as made available to you through these Terms and Conditions of Sale. “Returns Address” means a special offer price payable for the Goods; 1.2. Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by email, text message, or other means.
2. Information About Us
2.1. FTM Marketing Ltd, trading as Sonneteer, is a Private Limited Company, registered in England under number 2892657, and whose address is PO Box 1545, Guildford, GU1 9XW, and whose main trading address is Cart Hovel Lascome Estate, GU3 1BB
2.2. Our Sites, www.sonneteer.co.uk and www.sonneteer.com, is owned and operated by FTM Marketing Ltd.
2.3. Our VAT number is GB652714636.
3. Access to and Use of Our Site
4. Age Restrictions
4.1. Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
4.2. None of the Goods on Our Site may be purchased by anyone under 18 years of age.
5. Business Customers
5.1. These Terms and Conditions of of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please contact us for our Business Terms of Sale.
6. Customer Responsibilities
6.1. By placing an order, you are confirming that you have read the associated product description, and selected the appropriate, type, colour, number, regional mains voltage requirements (as applicable) etc. of the Goods as required by you.
7. Goods, Pricing and Availability
7.1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7.2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3. Where appropriate, you may be required to select the required model, colour, number, regional mains voltage requirements (as applicable) and any other variations, including delivery zone of the Goods that you are purchasing.
7.4. We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however, such indications are just that as orders outside the websites may affect immediate stock and availability.
7.5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.6. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
7.7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every week. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.11 regarding VAT, however).
7.8. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
7.9. If We offer a Special Price, the Special Price will be valid for a set period of time as determined by Us, or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
7.10. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.11. All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.12. Unless otherwise stated, delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to Our Website. Delivery options and related charges will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1. All orders must be submitted via Our Website. Our Website will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In acceptable circumstances We will accept telephone orders with a mutually agreed method of payment. Please not We are not currently setup to take card payments, or any other form of payments, by phone.
8.2. You are responsible for ensuring the completeness and accuracy of your order details and We will not be liable for any failure by you to provide complete and accurate information in your order.
8.3. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.4. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Confirmation at which point there will be a legally binding Contract between Us and you.
8.5. Order Confirmations shall contain the following information:
8.5.1. Your Order Number;
8.5.2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.5.3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
8.5.4. Estimated delivery date(s); Please note that estimated delivery dates may vary according to the availability of Goods and your location.
8.6. An email copy of the Order Confirmation will be sent to you.
8.7. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We may explain why in writing, however, we are under no obligation to do so. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.
8.8. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that We make a refund using an acceptable to Us different method.
8.9. We reserve the right to:
8.9.1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
8.9.2. Cancel any order before delivery of the relevant Goods in the event any payment of the full order value fails.
8.10. Without limitation to any provisions relating to Limitation of Liability, We will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by us.
9.1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged on confirmation of order.
9.2. Payment online methods are as indicated on Our Website.
10. Delivery, Risk and Ownership
10.1. All Goods purchased through Our Site will normally be delivered within 30 calendar days of Our Order Confirmation unless otherwise stated on our Website or agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which please see Clause 15). Deliveries outside mainland United Kingdom may require more time depending on our chosen carrier’s available services and/or service provider in your area.
10.2. When your order is dispatched you will be sent a Dispatch Confirmation, with an estimated delivery date. The estimated delivery date is not a guaranteed delivery date and may be subject to change without any liability on Our part.
10.3. Delivery will be completed when We deliver the Goods to the shipping address provided when ordering.
10.4. If no one is available at the shipping address to take delivery, and the Goods cannot be posted through your letter box or left in a safe place nominated by you. We will arrange with our carrier to attempt to redeliver the item(s) one more time. Otherwise you are obliged to collect from the depot described on the delivery notice left by the courier.
10.5. The Goods(s) will be your responsibility from the completion of delivery.
10.6. You own the Goods once We have received payment in full, including all applicable delivery charges.
10.7. You are responsible for inspecting the external packaging of the Goods on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
10.8. Any items which are significantly damaged must be immediately rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that We can contact the courier to resolve the situation.
10.9. Failure to inform us of any damage to the Goods within 24 hours of the courier’s delivery receipt confirms your acceptance of your order in good condition.
10.10. If We are unable to deliver the Goods in accordance with Clause 10.4 the following will apply:
10.10.1. You are obliged to collect the Goods from the courier depot nominated in the delivery notice.
10.10.2. If you do not collect the Goods or rearrange delivery within 7 days, We will treat the Goods as abandoned and recover the Goods. You will not be refunded the purchase price of the Goods nor the cost of delivery. We may also charge you for any reasonable additional cost that We incur in recovering the Goods.
10.11. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address, including, where relevant, any alternative address you have provided.
10.12. Ownership of the Goods passes to you once you have taken deliver and We have received payment in full of all sums due, including any applicable delivery charges.
10.13. Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Faulty, Damaged or Incorrect Goods
11.1. By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that materially match images that appear on Our Site or any samples or models that you have seen or examined (unless we have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, providing Us with your order number, full name and address, to arrange for a refund, repair or replacement as applicable. Your available remedies are as follows:
11.1.1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.1.4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.1.5. Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery. Please note this doesn’t mean that a product has to last six years – just that you have this length of time in which you can make a claim
11.2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
11.3. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.4. To return Goods to Us for any reason under this Clause 11, please contact us before returning the Goods to agree and make arrangements for the Goods return.
11.5. Refunds, whether full or partial, including reductions in price, under this Clause 12 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.6. Any and all refunds issued under this Clause 11 will only include standard delivery costs as would have been paid by you when the Goods were originally purchased, unless otherwise agreed.
11.7. Any refunds due under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
11.8. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11.9. Any damage caused after successful delivery is the responsibility of the customer.
12. Cancelling and Returning Goods if You Change Your Mind
12.1. If you are a consumer in the European Union, you have a legal right to a “cooling-off” period of 14 calendar days within which you can cancel the Contract for any reason. This period begins once you receive your Order. If your order consists of multiple goods, the 14 calendar day period runs from when you receive the last item of your multiple order. You may also cancel for any reason before you receive your order.
12.2. If you wish to exercise your right to cancel under this Clause 12, you must inform Us in writing of your decision within the cooling-off period. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1. Email: firstname.lastname@example.org;
12.2.2. Website contact page.
12.2.3. By post: PO Box 1545 Guildford GU1 9XW;
12.2.4. Telephone: +44 (0)33 0001 2477;
12.2.5. In each case, providing us with your name, billing and delivery address, email address, telephone number, and Order Number.
12.3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4. Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1. If the Goods consist of sealed audio or video recordings (e.g. audio book CD or DVD) or sealed computer software (e.g. Video Game) and you have unsealed the Goods after receiving them;
12.4.2. If the Goods have been personalised or custom-made for you;
12.4.3. If the goods have been tampered with in any way subject to our normal sales Terms and Conditions. This is subject to our discretion on inspection of the Goods.
12.5. Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause 12.
12.6. Please contact us before sending. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.7. Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1. The day on which We receive the Goods back; or
12.7.2. If We have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8. Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).
12.8.2. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12. Please note that by law we are only required to reimburse standard delivery charges (or the equivalent).
12.9. Any refunds due under this Clause 12 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that We make a refund using an acceptable to Us different method.
13. Customs, Excise Duties & Import Taxes
13.1. All Goods are produced and shipped from the United Kingdom.
13.2. As a responsible international seller, we are legally bound to provide information to the relevant import and export authorities when shipping Goods to countries outside of the UK / European Union.
13.3. We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
13.4. The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
14. Our Liability to Consumers
14.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind, including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3. Nothing in these Terms and Conditions of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence, including that of Our employees, agents or sub-contractors; or for fraud or fraudulent misrepresentation.
14.4. Nothing in these Terms and Conditions of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
15. Events Outside of Our Control (Force Majeure)
15.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our control.
15.2. An event outside our control means any event beyond our reasonable control including, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, the threat of a terrorist attack, acts of war (whether declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other event that is beyond our reasonable control.
15.3. If an event outside of our control takes place that is likely to affect the performance of our obligations under this contract under these Terms and Conditions of Sale:
15.3.1. We will inform you as soon as is reasonably practical and possible;
15.3.2. Our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your Goods to you, we will arrange a new delivery date with you after the event outside of our control is over;
15.3.3. We will take all reasonable steps to minimise the delay;
15.3.4. To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
15.3.5. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
15.3.6. If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
15.3.7. If an event outside of Our control occurs, and continues for more than 30 days, and you wish to cancel the Contract as a result, you may do so by email or other contact details available within this document and/or on Our Website.
By email: email@example.com;
By post: PO Box 1545 Guildford GU1 9XW;
By phone: +44 (0)33 0001 2477;
In each case, providing Us with your Order Number, full name, email address, telephone number, billing address and delivery address (if different from billing address).
15.3.8. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
16.1. As the manufacturer of the Goods, We provide a 2 year warranty, unless otherwise stated, that the Goods will be free from defects in material and workmanship under normal use, parts and labour from the date purchased by the original retail purchaser. This guarantee is subject to the exceptions listed in sub-Clause 16.2.
16.2. Our guarantee does not apply to any defects in the Goods caused by:
16.2.1. Normal wear and tear;
16.2.2. Deliberate damage and/or misuse of the Goods;
16.2.3. Accidental damage;
16.2.4. Damage or deterioration of the external cabinet;
16.2.5. Any product that has been modified and/or where the serial number (where applicable) has been defaced or removed;
16.2.6. Damage resulting from, tampering with, altering, misuse, abusing, failure to follow instructions provided, shipment (refer to carrier);
16.2.7. Failure to use the Goods in accordance with their instructions (where applicable); or
16.2.8. The alteration or repair of the Goods by you or any third party that is not authorised by Us.
16.3. Our warranty exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
17. Communication and Contact Details
17.1. If you wish to contact us with general questions, matters relating to Goods, orders, cancellations, payments, delivery, or specific issues, you may contact us either through Our Website contact page or by email as per contact details below.
18. Complaints and Feedback
18.1. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2. All complaints are handled in accordance with our complaints handling policy and procedure, as per these Terms and Conditions of Sale.
18.3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
18.3.1. By email, addressed to Customer Support to:
18.3.2. By post: PO Box 1545 Guildford GU1 9XW;
18.3.3. Or via Our Website contact page;
19. How We Use Your Personal Information (Data Protection)
19.2. We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
19.3. We will use your information to respond to you, regarding the reason you contacted Us. We will not share your information with any third party outside of Our organisation, other than as necessary to fulfil your request, e.g. to ship an order.
20. Our Right to Vary These Terms
20.1. We may revise these Terms from time to time.
20.2. Every time you order Goods from Us, the Terms in force at that time will apply to the Contract between you and us.
20.3. The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
21. Other Important Terms
21.1. We may transfer and/or assign our obligations and rights under these Terms and Conditions of Sale, and under the Contract, as applicable, to a third party (this may happen , for example, if we sell Our business). If this occurs, notification will be posted on Our Website and/or through social medial channels. Your rights under these Terms and Conditions of Sale will not be affected and Our obligations under these Terms and Conditions of Sale will be transferred to the third party who will remain bound by them.
21.2. You may only transfer and/or assign your rights or obligations under these Terms and Conditions of Sale to another person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift). We may require that person to provide reasonable evidence that they are now the legal owner of the Goods in question, such as sales invoice or receipt.
21.3. You may not transfer and/or assign your other obligations and rights under these Terms and Conditions of Sale, and under the Contract, as applicable, without Our express written permission. We may not permit the assignment if modified pre-sale for example.
21.4. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions of Sale, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. This is subject to sub-Clause 21.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
21.5. If any of the provisions of these Terms and Conditions of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Sale. The remainder of these Terms and Conditions of Sale shall be valid and enforceable.
21.6. No failure or delay by us in exercising any of Our rights under these Terms and Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.
21.7. We may revise these Terms and Conditions of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 60 days of your cancellation.
22. Governing Law and Jurisdiction
22.1. These Terms and Conditions of Sale, and the relationship between you and Us, whether contractual or otherwise, shall be governed by, and construed in accordance with, English law.
22.2. If you are a consumer, any disputes concerning these Terms and Conditions of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22.3. If you are a business, any disputes concerning these Terms and Conditions of Sale, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms and Conditions of Sale V3 – Last updated October 2019 and made available without liability by FTM Marketing Ltd.
The information contained in this website is for general information purposes only. The information is provided by Sonneteer / FTM Marketing Ltd. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Sonneteer or FTM Marketing Ltd.. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Sonneteer / FTM Marketing Ltd. no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond their control.
We view holding data as a big responsibility and only collect and use information from you that is required and absolutely necessary to place and process orders and to hold a record of orders made, to give you the best service we possibly can and allow you to enjoy viewing and using our website(s).
We get a lot of spam mail which we detest as much as you do and we can wholeheartedly say that we will never give, sell, or distribute your personal information to anyone not directly involved in processing your data, order, or dealing with you in anyway.
The purpose of this policy is to explain to you how we control, process, handle and protect your personal information through the business and while you browse or use this website. If you do not agree to the following policy you may wish to cease viewing / using this website, and or refrain from submitting your personal data to us.
Policy key definitions:
- “our”, “us”, or “we” refer to the business, Sonneteer / FTM Marketing Ltd.
- “you”, “the user” refer to the person(s) using this website.
- GDPR means General Data Protection Act.
- PECR means Privacy & Electronic Communications Regulation.
- ICO means Information Commissioner’s Office.
- Cookies mean small files stored on a user’s computer or device.
Key principles of GDPR:
We have done everything within our powers to design our website to comply with the following legislation with regard to data protection, cookie control and privacy:
- UK Data Protection Act 1988 (DPA)
- EU Data Protection Directive 1995 (DPD)
- EU General Data Protection Regulation 2018 (GDPR)
We will strive to ensure that any changes to the above legislation will be implemented along with the adoption also of any new privacy legislation applicable. If you feel we are not compliant or there is any issue that you would like to talk to us about please contact our data protection officer as per the details below:-
Information Collected and Why?
Our website uses various bits of off the shelf software that let us build, operate, manage, and maintain the site, plus collects and uses personal information for the following reasons:
Like most websites, our site uses Google Analytics to track your interaction. We use this data to determine the number of people visiting and using our site, to better understand how visitors find and use our web pages, which pages get the most views, and to see their journey through the website. This information can help us make improvements to the site and your experiences / journey in the future too.
Google Analytics does store data such as your geographical location, device, internet browser and operating system. It does not give us any information that enables us to personally identify you in any way. In common with all other sites that use Google Analytics, Google itself does hold a record of your computer’s IP address which could be used to personally identify you to them, but they do not grant us access to this information. Google are therefore considered to be a third party data processor. Please see section below on third party data processors.
We know that most of the visitors to our site are genuine people and we hope you enjoy the content that we have be you an enthusiast, follower or someone that accidently stumbled onto the site. Unfortunately, there are people out there that have written nasty software that every now and then poses as a threat and people out there who try to damage websites around the world. To help protect us from such activity, we use site security tools provided by third parties. These tools make use of publicly available information regarding your published IP address to assess threat levels to the site. No personally identifiable information is ever provided to us from them, or to them from us.
To allow us to send you your order we feel it is quite essential that we have your contact details, which we ask you for at checkout. Not sure how we could do this online otherwise?
In order for us to provide your product guarantee we store your name, email address, postal address and delivery information on our systems.
As part of the user account creation process, your name, email address, postal address and delivery information will be stored as a unique account with your email address and password of your choice on our server service provider’s servers and you can delete your own account at any time by visiting the “my account” section on the website.
In order for us to track how effective our advertising methods are in relation to sales etc., we will at times also make use of off the shelf service providers’ systems and tracking cookies to measure campaign performance. Just as with Google Analytics, any services we use will be a third party data processor. Please see section below on third party data processors.
We always enjoy reading comments on our Blog so please keep making them. You should, however, know that when you choose to add a comment to any posts that we have published on our Blog, the name and email address you enter with your comment will be saved to our website’s database, along with your computer’s IP address and the time and date that you submitted the comment.
This information is stored in the UK in our datacentre and not shared with any other service. It is only used to identify you as a contributor to the comment section of the respective blog post and is not passed on to any of the third party data processors detailed below. Only your name will be shown on the public-facing website.
Your comment and it’s associated personal data will remain on this site until we see fit to either 1.) Remove the comment. Or 2.) Remove the blog post. Should you wish to have the comment and it’s associated personal data deleted, please contact us (details below) from the email address that you commented with, sending a link to the comment and blog post in question.
If you are under 18 years of age you MUST obtain parental consent before posting a comment on our blog.
You should avoid entering personally identifiable information to the actual comment field of any blog post comments that you submit on this website.
Contact Forms and eMail Links
If you decide to contact us using the contact form on our Contact page or email link, none of the data that you supply will be stored by this website or passed to / be processed by any of the third party data processors. Instead, the data will be collated into an email and sent to us just like a normal email would.
Please note that not all mail servers are secured by encryption etc. so we would, therefore, suggest that you always consider email as an insecure medium and not include personal, confidential or otherwise sensitive information within an email.
If you choose to join our email newsletter, the email address that you submit to us will be forwarded to MailChimp who provide us with email marketing services. We consider MailChimp to be a third party data processor (please see section below on third party data processors). The email address that you submit will not be stored within our own database or in any of our internal computer systems.
Your email address will remain within MailChimp’s database for as long as we continue to use MailChimp’s services for email marketing or until you specifically request removal from the list. You can do this by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us from the email account that is subscribed to the mailing list.
If you are under 18 years of age you MUST obtain parental consent before joining our email newsletter.
While your email address remains within the MailChimp database, you will receive periodic (approximately one per month) newsletter-style emails from us.
Your Individual Rights
Under the GDPR your rights are as follows below. You can read more about your rights in detail on the Information Commissioner’s Office (ICO) website ico.org.uk and by clicking here;
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right not to be subject to automated decision-making including profiling.
You also have the right to complain to the ICO, www.ico.org.uk, if you feel there is a problem with the way we are handling your data.
We handle subject access requests in accordance with the GDPR.
Some cookies are required to enjoy and use the full functionality of this website.
Data Security and Protection
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.
Fair & Transparent Privacy Explained
We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.
Affiliate Links and Links to Other Websites
It is not our intention to have any adverts on our site. There will be some affiliate links and links to other websites on some pages such as to our distributors and retailers / online shops such as Amazon, etc. These are typically served through third party providers such as Amazon Affiliates, or are self served through our own means. We only use trusted service providers who are each committed to having high standards of user privacy and security. Clickable affiliate links / other links may be displayed as a website URL like this; www.tinamacnaughton.com or as a titled text link like this: eBay, or in the form of an icon.
Clicking on any sponsored or affiliate links may track your actions by using a cookie saved to your device. If you have any concerns about this we suggest you do not click on any sponsored or affiliate links found throughout the website.
Email Marketing Messages & Subscription
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the “Information Collected and Why?” section above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, you can also unsubscribe from all MailChimp lists, by following this link, otherwise contact the EMS provider.
We hold the following information about you within our EMS system;
- Email address
- I.P address
- Subscription time & date
Third Party Data Processors
We use a number of third parties to process personal data on our behalf. These third parties have been chosen as well established providers of their services and we understand them to be compliant with current UK/EU legislation. We may use other third party services from time to time and these will be selected with the same basis in mind to ensure that they too are compliant with current UK/EU legislation. If any of these third parties are found to be none-compliant or in breach of current UK/EU legislation we will seek to find alternative providers as soon as reasonably practical.
Data Protection Manager and Controller
All data protection and privacy queries can be sent to our Data Protection Manager / Data Controller of this website who is:-
Basil Bahrani – Operations Manager – B.Eng (Hons) C.Eng MICE MCIWEM C.WEM MAPM CPM RPP
You have the right to request the inspection and/or removal of all personally identifiable information we hold about you.
In the case of our third party processors, an application for such inspection or removal should be made directly to them.
For removal or inspection requests from our website, these should be made by email to the Data Controller using the email address that was provided at the point you placed an order, made a blog comment, or registered for an account. All requests will be responded to as soon as practical or within 21 days.
Please note that if you have made a purchase, the removal of all data we hold about you as a customer will prevent us from being able to offer any replacement certificates of authenticity or track your print(s) and therefore invalidates our commitment to do so from that point.
We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
Resources & further information
- Overview of the GDPR – General Data Protection Regulation
- Data Protection Act 2018
- Privacy and Electronic Communications Regulations 2003
- The Guide to the PECR 2003
- Small business GDPR policy template
Privacy Notice Policy V1 – Last updated 8th October 2019 and made available without liability by Basil Bahrani, Sonneteer Operations Manager.