This policy describes how Blondey McCoy Ltd (t/a “Blondey” or “Thames MMXX”) (we, us, our) collects and uses personally identifiable information (personal data) in accordance with the EU General Data Protection Regulation (GDPR).
We are committed to protecting your personal data and respecting your privacy, and this policy also sets out your rights in relation to your personal data.
- Your use of our website
- Your orders of products through our website
- Our processing of your personal data more generally
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
IMPORTANT INFORMATION AND WHO WE ARE
Blondey McCoy Ltd is the controller and is responsible for your personal data (we, us, or our).
This version was last updated on 31 August 5 September 2019. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data.
- Contact Data.
- Device Data.
- Content Data.
- Usage Data.
- Profile Data.
We do not collect any financial information from you (e.g. any bank account or debit/credit card details) as all such information is managed separately by our payment services providers.
HOW IS YOUR PERSONAL DATA COLLECTED?
We will collect and process the following data about you:
- Information you give us. This is information (including Identity and Contact data) you provide to us when creating an account with us, or by corresponding with us (for example, by email). It includes information you provide when you register to shop on our website, and when you raise queries or provide feedback. If you contact us, we will keep a record of that correspondence.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- Where we need to perform a contract we are about to enter or have entered with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
- We will use your Identity, Contact and Device data to register you as a user of the website for the purposes of any order of products that you make. The lawful basis for processing such data is that it is necessary for our legitimate interests (to verify new users and keep records of orders made by users).
- We will use your Identity, Contact, Device and Profile data to manage our relationship with you including notifying you of changes to the website or on updates on your orders. The lawful basis for processing such data is: (a) performance of a contract with you; (b) it is necessary for our legitimate interests (to keep records updated and to analyse customer orders of our goods and products) and; (c) necessary to comply with legal obligations (to inform you of any changes to our terms and conditions).
- We will use your Identity, Contact, Device and Profile data to email you about our products, events, promotions and other activities that may be of interest to you. The lawful basis for processing such data is that it is necessary for our legitimate interests (marketing to existing and past customers). However, at any time you may opt-out of such communications by emailing us, and we will process your request as soon as possible.
- We will use your Identity, Contact and Device data to administer and protect our business and our website including troubleshooting, data analysis and system testing. The lawful basis for processing such data is that it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security).
DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with our affiliated businesses and persons, including our business partners and our suppliers. Examples of such suppliers include payment services providers, credit/debit card validation and authorisation agencies, webhosting companies and IT services providers. Such third parties will be subject to appropriate contractual safeguards.
If we sell or buy any business or assets we may also disclose or transfer personal to the prospective seller or buyer.
We do not transfer your personal data outside the European Economic Area (EEA).
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to order goods and products from our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances you have the following rights under data protection laws in relation to your personal data:
- Request accessto your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correctionof the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processingof your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data.This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transferof your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information where we used the information to perform a contract with you.
You can exercise any of these rights at any time by contacting us at firstname.lastname@example.org.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
DESCRIPTION OF CATEGORIES OF PERSONAL DATA
- Identity Data: username or similar identifier.
- Contact Data: name, billing and shipping addresses, email address.
- Device Data:information about how you interact with our website including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the Unique Device ID (UDID), IP address, cookie information, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, device settings, and software data.
- Content Data:includes information stored on your Device, including login information, photos, videos or other digital content.
- Profile Data: includes your username and password, comments, feedback and survey responses.
- Usage Data: includes details of your use of our website including, but not limited to the type of content that you view and the frequency of activity.
TERMS AND CONDITIONS
These are the terms and conditions which apply to your order and the supply of our products to you. Please read these terms carefully before you submit your order to us.
- INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. We are Blondey McCoy Ltd (t/a “Blondey” or “Thames MMXX”) a company registered in England and Wales. Our company registration number is 10986913 and our registered office is at Third Floor, 126-134 Baker Street, London, W1U 6UE. Our registered VAT number is 290228116.
1.2 How to contact us. You can contact us by emailing us at email@example.com or writing to us at the postal address above.
1.3 How we may contact you. If we have to contact you we will do so by telephone, email or by post, using the contact details you provided to us in your order.
- OUR CONTRACT WITH YOU
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or because we have identified an error in the price or description of the product.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS
3.1 Availability. We will endeavour to ensure that the website does not have any technical problems and that products displayed are available. However, as our product lines are typically produced in limited production runs and released on our website in product drops for which there is high-demand, we cannot guarantee the availability of the website or that any products on the website will be available for purchase. In the event that your ordered items are unavailable we will notify you as soon as we can.
3.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, the colours on our website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We do our very best to make sure all our images are true to the actual product you are purchasing but we can’t guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.
- 4.PROVIDING THE PRODUCTS
4.1 The countries we ship to. We ship internationally.
4.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
4.3 When we will provide the products. Once we have despatched your order, we will send you an email confirming that your order is on its way.
4.4 delivery dates. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
4.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
4.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 8.2 will apply.
4.8 When you become responsible for the product. The products will be your responsibility from the time we deliver the product to the address you gave us.
4.9 When you own goods. You own the product once we have received payment in full.
- PRICE AND PAYMENT
5.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 5.3 for what happens if we discover an error in the price of the product you order.
5.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.4 When you must pay and how you must pay. You must pay for the products before we dispatch them. We accept payment for orders by Visa, MasterCard, American Express and PayPal.
- YOUR RIGHTS TO END THE CONTRACT
6.1 Ending the contract if what you have bought is faulty or misdescribed. You may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back).
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; and
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control.
6.3 Exercising your right to change your mind if you are a consumer in the EU. If you are a consumer in the EU then you have a legal right to change your mind and cancel your order within 14 days after the day you receive the order.
- RETURNS POLICY
7.1 Returns. If you are not 100% satisfied with your purchase you can return your products for a full refund, provided we get them back within 14 days and in perfect original sale-able condition in the original packaging and with all tags attached.
7.2 Refunds. For a refund, please fill out the returns form included with your order and return the products to our returns address by post at Thames MMXX, 6-10 Lexington Street, W1F 0LB, London. You are responsible for any return shipping charges with the exception of returns of faulty items or items that are incorrectly described. For your protection, please be sure to return your products via recorded or registered post. Your refund will be made by the method you used for payment as soon as possible and in any event within 14 days of us receiving your return.
If you did not receive a returns form, please contact us via email at firstname.lastname@example.org.
7.3 Exchanges. Due to the limited availability of our products, we cannot hold stock for exchanges. If you are not 100% satisfied with your purchase then you may use our returns policy in accordance with section 7.1 above. If you wish to purchase another item by way of an exchange, then you must submit a new order online, although please note that certain items may no longer be available due to the limited production runs of our products.
- YOUR ADDITIONAL LEGAL RIGHT TO CANCEL THE CONTRACT (IF YOU ARE A CONSUMER IN THE EU)
8.1 Exercising your right to change your mind. If you are a consumer in the EU, you have a legal right to change your mind and cancel any order you place with us within 14 days after the day you receive the order, in accordance with this section 8. This is an additional and separate right to our returns policy (set out above). You may choose either method to return orders. If you are a non-EU customer, this cancellation right is not available to you. Please use our returns policy above.
8.2 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print out the model cancellation form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.3 Returning products after ending the contract. You must send off the goods within 14 days of telling us you wish to end the contract. For your protection, please be sure to return the products with all tags attached and via recorded or registered post.
8.4 When we will pay the costs of return. We will pay the costs of return if the products are faulty or incorrectly described. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 When we may make deduction from refunds if you are a consumer in the EU exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in 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. For your protection, please be sure to return the products with all tags attached and via recorded or registered post.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from 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.
- OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in section 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at firstname.lastname@example.org or write to us at Thames MMXX, 6-10 Lexington Street, London W1F 0LB. If you are not completely satisfied with how your complaint is resolved by us, you can contact the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This is subject to section 10.2.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Last updated: August 2019
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to cancel your order)
To Thames MMXX, 6-10 Lexington Street, London W1F 0LB
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 of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),