Ewin Limited, trading as Exmouth Bed and Pine Centre (‘We’) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Ewin Limited, trading as Exmouth Bed and Pine Centre, of 69 -71 Exeter Road, Exmouth, Devon, EX8 1QD.
Our VAT registration number is 760 1366 49.
Information we may collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by completing forms on Our Site, or by corresponding with us. This includes information you provide when you place an order through Our Site, if you use the social media functions on Our Site, or if you report a problem with Our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
- Information we collect about you. When you visit Our Site, we may automatically collect the following information:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
These cookies allow us to recognise and track the number of visitors to our site, and to monitor which pages they visit.
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|Exmouthbedandpine.co.uk||PHPSESSiD||This cookie tracks which pages you visit on Our Site.||Expires end of browser session.|
Uses made of the information
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will contact you by electronic means (e-mail or SMS) and by post (where you have consented to us contacting you by post) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means and post if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Disclosure of your information.
We may share your information with selected third parties including:
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
- advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience; and
- analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Exmouth Bed and Pine Centre, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
Where we store your personal data
All information you provide to us is stored on our secure servers or on secure servers operated by a third party. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of up to £10 to meet our costs in providing you with details of the information we hold about you.
DISTANCE SELLING POLICY
These Terms will apply to any contract between Bernard Ewin, trading as Exmouth Bed and Pine Centre, and you for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure you understand them before ordering any Products from Our Site. Before placing an order you will be asked to agree to these Terms. If you refuse to accept our Terms, you will not be able to place an order on Our Site.
We may amend these Terms from time to time, as set out in clause 7. Every time you wish place an order, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
- Information about us
- 1 Our Site, www.exmouthbedandpine.co.uk, is operated by Ewin Limited, trading as Exmouth Bed and Pine Centre (We). Our trading address is 69-71 Exeter Road, Exmouth, Devon, EX8 1QD. Our VAT registration number is 760 1366 49.
- 2 Contacting us if you are a consumer:
- 2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org. You can also contact our Customer Services team by telephone on 01395 271920 or by post to 69-71 Exeter Road, Exmouth, Devon, EX8 1QD. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
- 2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01395 271920 or by e-mailing us at email@example.com.
- 2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- 3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 01395 271920 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.3.
- Our Products
- 1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
- 3 The packaging of the Products may vary from that shown on images on our site.
- Use of our site
Your use of our site is governed by our Website Terms and Conditions of Use [INSERT LINK]. Please take the time to read them, as they include important terms which apply to you.
- How we use your personal information
- If you are a consumer
This clause 5 only applies if you are a consumer.
- 1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- If you are a business customer
This clause 6 only applies if you are a business.
- 1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- 2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- 3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- 4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
- How the contract is formed between you and us
- 1 Our site will guide you through the ordering process and allow you to check and amend your order before submitting it to us. Please ensure that your order is correct before completing the ordering process.
- 2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
- 3 We will confirm our acceptance of your order by contacting you, usually by email, confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- 4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our right to vary these Terms
- 1 We may amend these Terms from time to time. Notification of the date the Terms were last updated can be found on Our Site.
- 2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- 3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements
- 4 We may revise these Terms as they apply to your order, subject to the products you have ordered. We will contact you to give you reasonable notice of any changes and to let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- Your consumer right of return and refund
- 1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
- 2 However, this cancellation right does not apply in the case of bespoke or custom made goods.
- 3 Your legal right to cancel a Contract starts from the date we accept your order (by sending you the Dispatch Confirmation), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
Your Contract is for a single Product.
|The end date is the end of 14 days after the day on which you receive the Product.|
Your Contract is for one Product which is delivered in instalments on separate days;Or multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.|
Your Contract is for the regular delivery of a Product over a set period.
|The end date is 14 days after the day on which you receive the first delivery of the Products.|
- 4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us as set out in clause 1.2. If you are writing to us, either by post or by e-mail, please ensure you include details of your order to help us identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
- 5 If you cancel your Contract we will:
- 5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
- 5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- (a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8;
- (b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
- 6 If you have returned the Products to us under clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- 7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
- 8 If a Product has been delivered to you before you decide to cancel your Contract:
- 8.1 Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Goods must be returned to 69-71 Exeter Road, Exmouth, Devon, EX8 1QD. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- 8.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
- 9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund under clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- 1 We will contact you with an estimated delivery date, which will be within 30 days after the date of our Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
- 2 If we are delivering the Products and no one is available at your address to take delivery, we will notify you that the Products have been returned to our premises, or that of our appointed courier, in which case, please contact us to rearrange delivery.
- 3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, or if you or a carrier organised by you collect them from us, the Products will be your responsibility from that time.
- 4 You own the Products once we have received payment in full, including all applicable delivery charges.
Clause 10.5 only applies if you are a consumer.
- 5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- 5.1 we have refused to deliver the Products;
- 5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
- 6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- 7 If you do choose to cancel your Order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- No international delivery
- 1 Unfortunately, we do not deliver to addresses outside of the UK.
- 2 You may place and order for Products from outside the UK, but this order must be for delivery to an address in the UK.
- Price of products and delivery charges
- 1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for information on our policies if we discover an error in the price of Product(s) you ordered.
- 2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- 4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. As at July 2015, orders under £300 will incur a delivery charge of £20. Orders over £300 will be delivered free of charge. These delivery charges may be updated from time to time. We will notify you if any additional delivery fees will be applied before you submit your order.
- 5 It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- 5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect, lower, price; and
- 5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- How to pay
- 1 You can only pay for Products using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
- 2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Our liability if you are a business
Clause 14 only applies if you are a business.
- 1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- 2 Nothing in these Terms limits or excludes our liability for:
- 2.1 death or personal injury caused by our negligence;
- 2.2 fraud or fraudulent misrepresentation;
- 2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 2.4 defective products under the Consumer Protection Act 1987.
- 3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 3.1 any loss of profits, sales, business, or revenue;
- 3.2 loss or corruption of data, information or software;
- 3.3 loss of business opportunity;
- 3.4 loss of anticipated savings;
- 3.5 loss of goodwill; or
- 3.6 any indirect or consequential loss.
- 4 Subject to clause 14, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- 5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Our liability if you are a consumer
Clause 15 only applies if you are a consumer.
- 1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence however, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- 2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 3 We do not in any way exclude or limit our liability for:
- 3.1 death or personal injury caused by our negligence;
- 3.2 fraud or fraudulent misrepresentation;
- 3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 3.5 defective products under the Consumer Protection Act 1987.
- Events outside our control
- 1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
- 2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, 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.
- 3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 3.1 we will contact you as soon as reasonably possible to notify you; and
- 3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- Communications between us
- 1 In these Terms, ‘in writing’ includes by e-mail.
- 2 If you are a consumer you may contact us as described in clause 1.2.
- 3 If you are a business:
- 3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- 3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other important terms
- 1 Any reference to a clause means a clause of these Terms.
- 2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
- 3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- 8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).