All sales of goods online are made on the basis of the following Conditions. Those businesses seeking to purchase goods (Buyer) should read them carefully to ensure the Conditions are acceptable. The Buyer’s attention is particularly drawn to the provisions of clause 13 (Limitation of liability). These terms and conditions are not intended to affect any rights available to consumers.
- Contacting Oxford Hardware
1.1 Email and phone details. To contact us please telephone our customer service team at 01295 680068 or e-mail sales@oxfordhardware.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 17.2.
- Our contract with the Buyer
2.1 The Buyer. The Buyer is the person, business or firm who purchases the Goods for sale on the website www.oxfordhardware.co.uk.
2.2 Our contract. These terms and conditions (Conditions) apply to the order by the Buyer and supply of goods by us to the Buyer (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.3 Entire agreement. The Contract is the entire agreement between us and the Buyer in relation to its subject matter. The Buyer acknowledges that the Buyer has not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.4 Language. These Conditions and the Contract are made only in the English language.
2.5 The Buyer copy. The Buyer should print a copy of these Conditions or save them to the Buyer’s computer for future reference.
- Placing an order and its acceptance
3.1 Placing the Buyer’s order. Please follow the onscreen prompts to place an order. Each order is an offer by the Buyer to buy the goods specified in the order (Goods) subject to these Conditions.
3.2 Correcting input errors. Our order process allows the Buyer to check and amend any errors before submitting the Buyer’s order to us. Please check the order carefully before confirming it. The Buyer is responsible for ensuring that the Buyer’s order and any specification submitted by the Buyer is complete and accurate.
3.3 Email receipt of the Buyer’s order. After the Buyer places an order, the Buyer will receive an email from us to document that we have received it, but please note that this does not mean that the Buyer’s order has been accepted. Our acceptance of the Buyer’s order will take place as described in clause 3.4.
3.4 Accepting the Buyer’s order. Our acceptance of the Buyer’s order takes place when we send the email to the Buyer to accept it and notify the Buyer that payment has been taken, at which point the Contract between the Buyer and us will come into existence.
3.5 If we cannot accept the Buyer’s order. If we are unable to supply the Buyer with the Goods for any reason, we will inform the Buyer of this by email and we will not process the Buyer’s order. If the Buyer has already paid for the Goods, we will refund the Buyer the full amount including any delivery costs charged as soon as possible.
- Our goods
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the Buyer’s computer's display of the colours accurately reflect the colour of the Goods. The colour of the Buyer’s Goods may vary slightly from those images.
4.2 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 4% tolerance.
4.3 The packaging of the Buyer’s Goods may vary from that shown on images on our site.
4.4 We reserve the right to amend the specification of the Goods or to substitute an alternative good if:
(a) required by any applicable statutory or regulatory requirement; or
(b) if a manufacturer of the Goods:
(i) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
(ii) suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
The Buyer’s rights in relation to cancellation, return and refund below are unaffected by this clause 4.4.
- Cancellation, return and refund rights
5.1 The Buyer may cancel the Contract and receive a refund, if the Buyer notifies us as set out in clause 5.3 within 30 days of the making of the Contract.
5.2 However, this cancellation right does not apply in the case of:
(a) any Goods modified or manufactured to the Buyer’s specification; or
(b) any Goods which become mixed inseparably with other items after their delivery.
5.3 To cancel the Contract, the Buyer must notify us. The Buyer may print and complete the cancellation form below or on our Return Policy on our website. If the Buyer uses this method we will email the Buyer to confirm we have received the Buyer’s cancellation. The Buyer can also email us at sales@oxfordhardware.co.uk or contact our Customer Services team by telephone on 01295 680068 or by post to Oxford Hardware, Burland House, Oxhill, Warwick, UK, CV35 0RD. If the Buyer is emailing us or writing to us please include details of the Buyer’s order to help us to identify it.
5.4 Returning Goods after ending the Contract.
(a) Goods to be returned to us within 14 days. If Goods have been delivered to the Buyer and the Buyer decides to cancel the Contract then the Buyer must return them to us in their original condition without undue delay and in any event not later than 14 days after the day on which the Buyer lets us know that the Buyer wishes to cancel the Contract. The Buyer can send the Goods back to Oxford Hardware, Burland House, Oxhill, Warwick, UK, CV35 0RD. If we have agreed to collect the Goods from the Buyer, we will collect the Goods from the address to which they were delivered. We will contact the Buyer to arrange a suitable time for collection.
(b) Goods to be returned in their original condition. This means that all original packaging and labels have been kept, and that the Goods are unused and undamaged. We may reduce the Buyer’s refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by the Buyer’s handling them in a way which would not be permitted in a shop. If we refund the Buyer the price paid before we are able to inspect the Goods and later discover the Buyer has handled them in an unacceptable way, the Buyer must pay us an appropriate amount.
(c) The Buyer is responsible for the cost of returning Goods to us under this clause 5. See clause 12 for what happens if the Buyer is returning the Goods because they are faulty or mis-described.
5.5 What we charge for collection. If the Buyer is responsible for the costs of return and we agree to collect the product from the Buyer, we will charge the Buyer the cost to us of collection.
5.6 The Buyer’s refund
(a) How we will refund the Buyer. If the Buyer is entitled to a refund under these Conditions we will refund the Buyer the price the Buyer paid for the products including delivery costs, by the method the Buyer used for payment. However, we may make deductions from the price, as described in clauses 5.4 (b) and 5.5. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but the Buyer chooses to have the product delivered within 24 hours at a higher cost, then we will only refund what the Buyer would have paid for the cheaper delivery option.
(b) When the Buyer’s refund will be due. We will make any refunds due to the Buyer without undue delay once the Goods have been returned in accordance with clauses 5.4 and 5.6(a). If the Buyer is a consumer exercising the Buyer’s right to change the Buyer’s mind then:
(i) If we have not offered to collect the Goods, the Buyer’s refund will be made within 14 days from the day on which we receive the Goods back from the Buyer, or, if earlier, the day on which the Buyer provides us with evidence that the Buyer has sent the Goods back to us.
(ii) Where we agree to collect the Goods, the Buyer refund will be made within 14 days of the Buyer’s notification to us that the Buyer wishes to cancel the Contract.
- Delivery, transfer of risk and title
6.1 Delivery dates are estimates. Any dates specified by us for delivery of the Goods are estimates only and time of delivery shall not be of the essence of the Contract or made of the essence by notice. If no dates are so specified, or a specified date is missed, delivery shall be within a reasonable time. Occasionally our delivery to the Buyer may be affected by an Event Outside Our Control. See clause 15 (Events outside our control) for our responsibilities when this happens.
6.2 Completion of delivery and risk. For Goods sold on a collect by buyer basis, delivery is complete once the Goods have been collected by the Buyer or a carrier organised by the Buyer to collect them from us. For Goods to be delivered by us or our carriers or suppliers to a place specified by the Buyer, delivery is complete when the Goods are unloaded. The Goods will be at the Buyer’s risk from the time that delivery is completed.
6.3 Title. The Buyer owns the Goods once we have received payment in full, inclusive of all applicable delivery charges.
6.4 Our failure to deliver. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because the Buyer failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 The Buyer’s failure to accept delivery. If the Buyer fails to take delivery within 7 days after the day on which we notified the Buyer that the Goods were ready for delivery:
(a) risk in the Goods shall pass to the Buyer;
(b) the Goods shall be deemed to have been delivered;
(c) we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
6.6 Delivery by instalments. We may deliver the Goods by instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to cancel or terminate any other Contract or instalment. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
6.7 Wrong quantity of Goods. If we deliver up to and including 5% more or less than the quantity of Goods ordered, the Buyer shall not be entitled to reject the Goods, but a pro rata adjustment shall be made to the invoice.
- International delivery
7.1 We deliver to the countries listed on our home page. However, there are restrictions on some Goods for certain international delivery destinations, so please review the information on that page carefully before ordering Goods.
7.2 If the Buyer orders Goods from our site for delivery to one of the international delivery destinations, the Buyer’s order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 The Buyer will be responsible for payment of any such import duties and taxes. Please contact the Buyer’s local customs office for further information before placing the Buyer’s order.
7.4 The Buyer must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if the Buyer breaks any such law.
- Product Recall
8.1 If the Buyer is the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice), the Buyer shall immediately notify us in writing enclosing a copy of the Recall Notice.
8.2 Unless required by law, the Buyer may not undertake any recall or withdrawal without our written permission and only then in strict compliance with our instructions about the process of implementing the withdrawal.
- Price of goods and delivery charges
9.1 The prices of the Goods will be as quoted on our site at the time the Buyer submits the Buyer’s order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods the Buyer ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order the Buyer has already placed.
9.3 The price of Goods excludes 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 the Buyer’s order and the date of delivery, we will adjust the VAT the Buyer pays, unless the Buyer has already paid for the Goods in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to the Buyer during the check-out process, before the Buyer confirms the Buyer’s order.
9.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods that the Buyer has ordered we will contact the Buyer in writing to inform the Buyer of this error and we will give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the Buyer’s order. We will not process the Buyer’s order until we have the Buyer’s instructions. If we are unable to contact the Buyer using the contact details the Buyer provided during the order process, we will treat the order as cancelled and notify the Buyer in writing. If we mistakenly accept and process the Buyer’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Buyer as a mispricing, we may cancel the supply of the Goods and refund the Buyer any sums the Buyer has paid.
9.6 All amounts due under this Contract from the Buyer to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We may at any time, set off any liability of Oxford Hardware to the Buyer against any liability of the Buyer to Oxford Hardware, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Contract. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. Any exercise by us of our rights under this clause shall not limit or affect any rights or remedies available to us under this Contract or otherwise.
- How to pay
10.1 The Buyer can only pay for Goods using debit card, credit card and/or an equivalent payment portal.
10.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge the Buyer’s debit card or credit card until we dispatch the Buyer’s Goods.
- Manufacturer's guarantee
Some of the Goods we sell to the Buyer come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
- Our warranty for the goods
12.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
12.2 We provide a warranty that on delivery:
(a) the Goods shall:
(i) subject to clause 4, conform in all material respects with their description;
(ii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979), and
(b) this warranty shall continue for a period of 12 months from delivery for all Goods except lamps (which are only warranted until delivery is complete).
12.3 Subject to clause 12.4, if:
(a) the Buyer gives us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 12.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask the Buyer to do so, the Buyer returns the Goods to us at the Buyer’s cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
12.4 We will not be liable for breach of the warranty set out in clause 12.2 if:
(a) the Buyer makes any further use of the Goods after giving notice to us under clause 12.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by the Buyer;
(c) the Buyer alters or repairs the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
(f) the defect arises because the Buyer failed to follow our or the Manufacturer’s oral or written instructions for the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same.
12.5 We will only be liable to the Buyer for the Goods' failure to comply with the warranty set out in clause 12.2 to the extent set out in this clause 12.
12.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12.7 These Conditions also apply to any repaired or replacement Goods supplied by us to the Buyer.
- Our liability: the Buyer’s attention is particularly drawn to this clause
13.1 Nothing in these Conditions limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
13.2 Subject to clause 13.1, we will under no circumstances be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.3 Subject to clause 13.1, our total liability to the Buyer for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the amount recovered from relevant insurers or the price of the Goods (whichever is higher).
13.4 Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions 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 Goods are suitable for the Buyer’s purposes.
13.5 The Buyer’s indemnity: We are a small company and, depending on the Buyer’s intended use of the Goods, unlikely to have, or to be able to obtain on reasonably economic terms, adequate insurance to cover all potential losses or liabilities if claims are made in respect of the Goods. The Buyer therefore agrees to indemnify and hold us harmless in respect of claims of any nature, whether made by or against the Buyer or by or against us by any third parties, to the extent that the claims exceed the total amount, if any, paid to us by our insurers in respect of such claims. If the Goods relate to any good/service which is high risk, high value, high performance or experimental, we will co-operate with any reasonable requests from the Buyer in relation to the Buyer obtaining the Buyer’s own insurance to cover the possibility that any claims might exceed the total amount, if any, recovered by us from our own insurers in respect of all such claims.
- Termination
14.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to the Buyer, or terminate the Contract with immediate effect by giving written notice to the Buyer if:
(a) the Buyer commits a material breach of any term of the Contract (or any other Contract between us) and (if such a breach is remediable) fails to remedy that breach within 7 days of the Buyer being notified in writing to do so;
(b) the Buyer fails to pay any amount due under the Contract on the due date for payment;
(c) the Buyer repeatedly breaches any of the Conditions in such a manner to reasonably justify the opinion that the Buyer’s conduct is inconsistent with it having the intention or ability to give effect to the Conditions;
(d) the Buyer suspends, or threatens to suspend, payment of the Buyer’s debts or is unable to pay the Buyer’s debts as they fall due or admit an inability to pay the Buyer’s debts or are deemed unable to pay the Buyer’s debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2);
(e) the Buyer begins negotiations with all or any class of its creditors with a view to rescheduling any of the Buyer’s debts, or makes a proposal for or enter into any compromise or arrangement with any of the Buyer’s creditors (other than in relation to a solvent reconstruction);
(f) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the Buyer’s winding up or (if the Buyer is an individual) is the subject of a bankruptcy petition, application or order;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Buyer;
(h) the holder of a qualifying floating charge over the Buyer’s assets has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over all or any of the Buyer’s assets or a receiver is appointed over all or any of the Buyer’s assets;
(j) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Buyer’s assets and such attachment or process is not discharged within 14 days;
(k) any event occurs, or proceeding is taken, in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clauses 14.1(d) to 14.1(j) inclusive;
(l) the Buyer ceases, or threaten to cease, to carry on all or substantially the whole of its business;
(m) (if the Buyer is an individual/sole trader), the Buyer dies, or by reason of illness or incapacity (whether mental or physical) is incapable of managing the Buyer’s own affairs or becomes a patient under any mental health legislation;
(n) any Event Outside Our Control prevents the Buyer from performing its obligations under this Contract for any continuous period of three months; or
(o) the Buyer’s financial position deteriorates to such an extent that in our opinion the Buyer’s capability to adequately fulfil the Buyer’s obligations under the Contract has been placed in jeopardy.
14.2 Termination of the Contract shall not affect the Buyer’s or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact the Buyer as soon as reasonably possible to notify the Buyer; and
(b) our obligations under the 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 Goods to the Buyer, we will arrange a new delivery date with the Buyer after the Event Outside Our Control is over.
15.3 Oxford Hardware or the Buyer may cancel a Contract affected by an Event Outside Our Control which has occurred continuously for more than three months. To cancel please contact us. If cancellation takes place under this clause 15, the Buyer will have to return any relevant Goods the Buyer has already received and we will refund the price the Buyer has paid (subject to any deduction for use), including any delivery charges.
- Intellectual Property
16.1 The Buyer will indemnify us in respect of all claims against us by a third party arising directly or indirectly out of the Contract, including where Goods are made to the Buyer’s specification and any claim for the infringement of intellectual property rights, patent, registered design, trade mark or other rights affecting the Goods.
16.2 We give no indemnity nor assurance in respect of any actual or alleged infringement of any patent, registered design, trade mark or other rights affecting the Goods.
- Communications between us
17.1 When we refer to "in writing" in these Conditions, this includes email.
17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
17.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
17.4 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 email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause shall not apply to any Contract with consumers, the service of any proceedings or other documents in any legal action. 18. Data Protection and Use of Information 18.1 We have a full and detailed Privacy Policy available which forms part of our Conditions. 18.2 The parties acknowledge that for the purposes of supplying the Goods in accordance with the Contract, we are required to process personal data on the Buyer’s behalf. The data processing activities are as follows:
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Categories of data |
Name, address, telephone number, IP addresses, email addresses of data subjects and recipients, email messages of data subjects and recipients, file names, sizes, and types, country and language settings, browser type and versions, preferred payment method, |
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Categories of data subjects |
Buyer (if the Buyer is an individual) and the Buyer’s personnel (employees, officers and individuals contracted to the Buyer). |
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Processing operations |
Storing, holding and accessing personal data for the purpose set out below. |
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Location of processing operations |
UK, subject to these Conditions. |
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Purposes of processing |
Allowing us to:
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Duration of processing |
As long as strictly necessary for the purposes of processing listed above. |
18.3 Each of the parties shall comply with its respective obligations where applicable under: (a) the Data Protection Act 1998;
(b) the Privacy and Electronic Communications (EC Directive) Regulations 2003;
(c) from 25 May 2018 the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the GDPR); and
(d) any UK legislation implemented in connection with the GDPR and any replacement UK legislation coming into effect from time to time,
(altogether the Data Protection Legislation). 18.4 We shall, in circumstances in which we are a data processor on behalf of the Buyer: (a) process any personal data only in accordance with the instructions of the Buyer and notify the Buyer immediately if, in our or your reasonable opinion, any instructions of the Buyer relating to the processing of personal data are unlawful; (b) ensure that only our personnel (all employees, officers and individuals contracted to us and involved to any extent in the supply of the Goods and performance of the Contract) required by us to assist it in meeting its obligations under the Contract shall have access to the personal data and that each of our personnel have received training and/or instruction in the care of and handling of personal data; (c) ensure that any persons used by us to process personal data are subject to legally binding obligations of confidentiality in relation to the personal data; (d) not transfer or disclose personal data to any third party or subcontractor without the prior written consent of the Buyer or if otherwise compelled by law to make such a disclosure except in accordance with the Contract and to:
(i) Business Partners. Such as suppliers, contractors and sub-contractors for the performance of any contract we enter into with them or the Buyer in connection with the supply of Goods. For example payment service providers (who will process the payment of the Buyer).
(ii) In the event of a sale or acquisition. If we are, or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
(e) ensure that obligations equivalent to those set out in this clause are included in all contracts between us and any subcontractors who will be processing personal data in accordance with clause 18.4(c); (f) take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, alteration to, unauthorised disclosure or access to, or damage to, personal data taking into account the harm that might result from such unauthorised or unlawful processing, loss, destruction or damage and the nature of the personal data to be protected; (g) provide prompt and all reasonable assistance and co-operation to enable the Buyer to fulfil its obligations to respond to requests from individuals exercising their rights under the Data Protection Legislation, including data subject access requests; (h) maintain a record of all processing activities carried out in connection with the Contract; (i) notify the Buyer immediately in writing if we receive any request, complaint or other communication relating directly or indirectly to the processing of personal data in connection with the Contract and provide all reasonable assistance and co-operation to the Buyer in dealing with any such request, complaint or communication; (j) notify the Buyer immediately if we or any subcontractor suffers a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data; (k) upon termination of the Contract, at the Buyer’s choice, delete securely or return all personal data to the Buyer; (l) make available to the Buyer all information necessary to demonstrate compliance with the obligations set out in this clause 18 and allow for its data processing facilities, procedures and documentation which relate to the processing of personal data to be scrutinised by auditors of the Buyer and contribute to audits, including inspections, conducted by or on behalf of the Buyer or by the ICO; (m) not process or transfer data outside the UK or EU unless the transfer is made: (a) with the data subject’s or the Buyer’s prior written consent; (b) necessary for the performance of a contract between the data subject and Oxford Hardware or for pre-contractual steps taken at the data subject’s request; (c) necessary for the performance of a contract made in the interests of the individual between the controller and another person; (d) necessary for the establishment, exercise or defence of legal claims; or (e) where another derogation from the general prohibition on transfers of personal data out with the UK or EU within the applicable Data Protection legislation applies. 18.5 The Buyer acknowledges that we are reliant on the Buyer for direction as to the extent to which we are entitled to use and process the personal data. Consequently we will not be liable for any claim brought by a data subject arising from any action or omission of the Buyer, to the extent that such action or omission resulted directly or indirectly from the Buyer’s instructions and the Buyer further agrees to indemnify and keep us indemnified at the Buyer’s expense against all costs, claims, damages or expenses incurred by us or for which we are become liable due to any failure by the Buyer (or any of its personnel, employees or agents) to comply with any of its obligations under the Contract.
- General
19.1 Corporate details. Oxford Hardware are trading names of Oxford Hardware Limited (company number 04177549) (we and us). We are a company registered in England and Wales and our registered office is at 5 Deansway, Worcester, WR1 2JG. Our main trading address is Oxford Hardware, Burland House, Oxhill, Warwick, UK, CV35 0RD. Our VAT number is GB768467178. We operate the website www.oxfordhardware.co.uk.
19.2 Interpretation. Unless the context otherwise requires, in interpreting these Conditions, (a) any reference to one gender shall include all other genders; (b) any references to the singular shall include the plural and vice versa; (c) any reference to a person shall include natural and legal persons; (d) any reference to a statute or statutory provision shall include any amendment or re-enactment thereof; and (e) clause and paragraph headings shall not affect the interpretation of the Contract.
19.3 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) The Buyer may only assign or transfer the Buyer’s rights or the Buyer’s obligations under the Contract to another person if we agree in writing.
19.4 Variation. Any variation of the Contract only has effect if it is in writing and signed by the Buyer and us (or our respective authorised representatives).
19.5 Waiver. If we do not insist that the Buyer perform any of the Buyer’s obligations under the Contract, or if we do not enforce our rights against the Buyer, or if we delay in doing so, that will not mean that we have waived our rights against the Buyer or that the Buyer does not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by the Buyer.
19.6 Severance. Each paragraph of these Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.7 Third party rights. The Contract is between the Buyer and us. No other person has any rights to enforce any of its Conditions.
19.8 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
CANCELLATION FORM
(Print, complete and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To:
Oxford Hardware
Burland House
Oxhill
Warwick
UK
CV35 0RD
I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods/for the supply of the following service[*]
Ordered on[* ]/ received on[*]
Name...................... .................................Address...............................................................
Signature (if this form is notified on paper).................................... Date.................................
[*] Delete as appropriate.
