Terms and Conditions
(Published 6th November 2018)
1.1. These terms and conditions govern your use of our website.
1.2. By using our website you accept these terms and conditions and our Privacy and Cookies Policy in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2. Our Contact Details
2.1. Our principal place of business is at 30 Granary Close, Horsham, West Sussex RH12 1PW.
2.3. If you have any questions about our terms and conditions you can contact us by writing to the business address given above; by telephone on +44 (0) 1403 261062; or by using our website contact form.
“We”, “us” and “our” mean Picklebry.
“Website” means the website located at www.picklebry.co.uk or any subsequent URL which may replace it.
“You” and “your” mean a user of the Website, our customer or prospective customer.
4. Licence to use website
4.1. You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of these terms and conditions.
4.2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.4. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.5. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use of our website
5.1. You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) use data collected from our website for any direct marketing activity.
5.2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate, current, complete and non-misleading.
6. Intellectual Property Rights
6.1. Copyright (c) 2019 Picklebry.
6.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
6.3. You may not copy, reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, alter, create derivative works of the site, sell or participate in any sale or exploit in any way, any of the contents of the site without Picklebry’s express written permission.
6.4. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
7. Breaches of these Terms and Conditions
7.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions for use of our website in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website; and/ or
(f) commence legal action against you, whether for breach of contract or otherwise.
7.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
8. Third party websites
8.1. We may provide links to other websites owned and operated by third parties that we think may be of interest to you. We do not control or vet these websites and therefore we cannot accept liability in respect of either the contents or your use of these websites.
9. No warranties
9.1. We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website or the server that makes it available are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology; or
(d) that the website or any service on the website will remain available.
9.2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
9.3. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.4. All of our warranties and representations relating to our website are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1. Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including, without limitation, negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, reputation or goodwill.
10.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12. Third Party Rights
12.1. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
12.2. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
13.1. We may revise these terms and conditions from time to time. The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
14.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. No waivers
15.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2. No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
16.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Governing law and jurisdiction
17.1. These terms and conditions shall be governed by and construed in accordance with English law.
17.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Privacy and Cookies Policy
2. Legal Bases
2.1 The law on data protection sets out a number of different reasons for which a business may collect and process your personal data, including:
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
For example, information processed to handle customer queries.
If the law requires us to, we may need to collect and process your data.
For example, for our business records and also where required to pass on details of people involved in fraud or other criminal activity affecting the business to law enforcement.
In certain circumstances, we need your personal data to comply with our contractual obligations. For example, if you purchase a product from us, we will collect the delivery address details and pass them to our courier in order to deliver the item to you.
In specific situations, we can collect and process your data with your consent. For example, if you tick a box to receive email newsletters. You may withdraw this consent at any time.
3. Collecting personal information
3.1 We may collect, store and use the following kinds of personal information:
(a) Information that you provide to us for the purpose of subscribing to our email newsletters (including your name and email address);
(b) Information contained in or relating to any communications that you send to us or send through our website;
(c) Information relating to any purchases you make of our goods including your name, address, telephone number and email address;
(d) Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback;
(e) Any other personal information that you choose to share with us when you contact us.
3.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
4. Using personal information
4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or the relevant pages of the website.
4.2 We may use your personal information to:
(a) Administer our website and business;
(b) Process any orders of goods;
(c) Send you our email newsletter if you have requested this;
(d) Deal with queries, requests or complaints made by or about you relating to our website. We may keep a record of these interactions to inform any future communication with us and to demonstrate how we communicated with you throughout.
(e) Keep our website secure;
(f) For crime and fraud prevention, detection and related purposes; and
(g) Where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute).
4.3 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
5. Disclosing personal information
5.1 We may share your personal information to any of our employees, insurers, professional advisers, service providers and other contractors insofar as reasonably necessary for the purposes set out in this policy.
5.2 We may disclose your personal information:
(a) To the extent that we are required to do so by law;
(b) In connection with any ongoing or prospective legal proceedings
(c) In order to establish, exercise or defend our legal rights
5.3 Except as provided in this policy, we will not provide your personal information to third parties.
6. International data transfers
7. Security of personal information
7.1 We take security seriously and we take appropriate steps to protect your personal data.
7.2 You acknowledge that the transmission of information over the internet is not completely secure and, although we will try our best to protect your personal data, we cannot guarantee the security of data sent over the internet.
8. Your rights
8.1 You have the right to request access to the personal data we hold about you, free of charge in most cases, and to request the correction of your personal data if it is incorrect, out of date or incomplete. We may refuse or charge for such requests to the extent permitted by law.
8.2 You have the right (in certain circumstances) to request that we delete personal data held on you; where we no longer have any legal reason to retain it.
8.3 You may instruct us at any time not to process your personal information for marketing purposes.
8.4 In order to protect the confidentiality of your information, we will require you to supply appropriate evidence of your identify before proceeding with any request relating to access; correction or deletion of your personal data.
8.5 If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
8.6 Please see Section 11 for details of how to contact Picklebry if you wish to make such a request.
9. Third party websites
9.1 Our website includes hyperlinks to, and details of, third party websites.
9.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
10.1 Cookies are tiny text files stored on your computer when you visit certain web pages. Cookies are widely used in order to make websites work or work more efficiently.
10.2 Cookies may either be “persistent” cookies or “session cookies. A persistent cookie will be stored by the web browser and will remain valid until its set expiry date, unless deleted by the user before this. A session cookie will expire at the end of the user session, when the browser is closed.
10.3 This website uses both session and persistent Wix cookies for the purposes of session and user authentication; keeping user preferences; and security.
10.4 We also use Google Analytics, which uses Google Analytics’ cookies, to analyse the use of our website. For example, to see which pages are the most visited on our website, and how our site is found on the web.
10.5 We use this information to look for ways to improve our website to give our customers the best experience possible. The information shows general trends and is not tracked back to a single user.
10.6 Most web browsers (e.g. Google Chrome, Firefox and Internet Explorer) allow you to manage cookies through the browser settings.
10.7 To find out more about how to do this please visit www.aboutcookies.org or www.allaboutcookies.org.
10.8 However, please note blocking all cookies may well have a negative impact upon the usability of many websites, including this one.
11. Our Details
11.1 You can contact Picklebry by telephone on +44 (0) 1403 261062; or by using our website contact form.