OUR TERMS AND CONDITIONS OF SALE
1. THESE TERMS
1.1 What these terms
cover. These are the terms and conditions on which we supply products to
1.2 Why you should read them. Please read these
terms carefully before you submit your order to us. These terms tell you who we
are, how we will provide products to you, how you and we may change or end the
contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In
some areas you will have different rights under these terms depending on
whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly
or mainly for your personal use (not for use in connection with your trade,
business, craft or profession).
1.4 If you are a business customer this is our entire
agreement with you. If you are a business customer these terms constitute the
entire agreement between us in relation to your purchase. You acknowledge that
you have not relied on any statement, promise, representation, assurance or
warranty made or given by or on behalf of us which is not set out in these
terms and that you shall have no claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We
are Metal Solutions Limited a company registered in England and Wales. Our
company registration number is 07127262 and our registered office is at Opal
Works, Sofa Street, Bolton, Greater Manchester, BL1 4QE. Our registered VAT
number is 983864951.
2.2 How to contact us. You can contact us by
telephoning our customer service team at +44(0)1204 491800 or by writing to us
at Opal works, Sofa Street, Bolton, Greater Manchester, BL1 4QE or e-mail
2.3 How we may contact you. If we have to contact
you we will do so by telephone or by writing to you at the email address or
postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the
words "writing” or "written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 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
3.2 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, because of unexpected limits on our resources which we could not
reasonably plan for, because a credit reference we have obtained for you does
not meet our minimum requirements, because we have identified an error in the
price or description of the product or because we are unable to meet a delivery
deadline you have specified.
3.3 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
4. OUR PRODUCTS
4.1 Products may vary
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, we cannot guarantee that a device’s display of the colours
accurately reflects the colour of the products. Your product may vary from
those images. The colour of the product supplied may also be different from the
website image. Although we have made every effort to be as accurate as
possible, because our products are handmade, all sizes, weights, capacities, dimensions
and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of
the product may vary from that shown in images on our website.
4.3 Making sure your
measurements are accurate. If we are making the product to measurements you
have given us you are responsible for ensuring that these measurements are correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a
change to the product you have ordered please contact us. We will let you know
if the change is possible. If it is possible we will let you know about any
changes to the price of the product, the timing of supply or anything else
which would be necessary as a result of your requested change and ask you to
confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to
the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory
(b) to implement minor technical adjustments and improvements.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The UK costs of delivery and most other worldwide countries will be as
displayed to you on our website. If the costs of delivery are not displayed on
our website, please contact us for a delivery price before ordering. You will
be responsible for any tax and customs charges which may be levied by your
country and unless otherwise prior agreed all goods supplied for export will be
8. YOUR RIGHTS TO END THE CONTRACT
7.2 When we will provide the
products. During the order process we will let you know when we will
provide the products to you.
7.3 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. 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.
7.4 Collection by you.
If you have asked to collect the products from our premises, you can collect them
from us at any time during our working hours of 9am-4:30pm (BST time) on
weekdays (excluding UK public holidays).
7.5 If you are not at home when the product is
delivered. Most products need to be signed for and if no one is available
at your address to take delivery of the products we will leave you a note
informing you of how to rearrange delivery or collect the products from a local
7.6 If you do not re-arrange
delivery. If you do not collect the products from us as arranged or 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 Clause 10.2 will apply.
7.7 When you become responsible for the goods. A
product which is goods will be your responsibility from the time we deliver the
product to the address you gave us or you or a carrier organised by you collect
it from us.
7.8 When you own goods. You own a product which is
goods once we have received payment in full and the order has been accepted as
per clause 3.
7.9 What will happen if you do not give required
information to us. We may need certain information from you so that we can
supply the products to you. If so, this will have been stated in the
description of the products on our website. We will contact you to ask for this
information. If you do not give us this information within a reasonable time of
us asking for it, or if you give us incomplete or incorrect information, we may
either end the contract (and Clause 10.2 will apply)
or make an additional charge of a reasonable sum to compensate us for any extra
work that is required as a result. We will not be responsible for supplying the
products late or not supplying any part of them if this is caused by you not
giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to
you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical
(b) update the product to reflect changes in relevant laws
and regulatory requirements;
(c) make changes to the product as requested by you or
notified by us to you (see Clause 6).
7.11 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the
product, unless the problem is urgent or an emergency. If we have to suspend
the product for longer than one month you may contact us to end the contract
for a product if we suspend it, or tell you we are going to suspend it and we
will refund any sums you have paid in advance for the product in respect of the
period after you end the contract.
7.12 We may also suspend supply of the products if you
do not pay. If you do not pay us for the products when you are supposed to
(see Clause 14.4) and you still do not make payment within seven days of us
reminding you that payment is due, we may suspend supply of the products until
you have paid us the outstanding amounts. We will contact you to tell you we
are suspending supply of the products. We will not suspend the products where
you dispute the unpaid invoice (see Clause 14.7). We will not
charge you for the products during the period for which they are suspended. As
well as suspending the products we can also charge you interest on your overdue
payments (see Clause 14.6).
8.1 End your contract
with us. Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing, when
you decide to end the contract and whether you are a consumer or business
(a) If what you have bought is faulty or misdescribed
you may have a legal right to end the contract (or to get the product
repaired or replaced or a service re-performed or to get some or all of your money
back), see Clause 12 if you are a consumer and Clause 13 if you are a
(b) If you are a consumer and have just changed your
mind about the product, see Clause 8.3. You may be
able to get a refund if you are within the cooling-off period, but this may be
subject to deductions and you will have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and you
are not a consumer exercising your right to change your mind), see Clause 8.5 OR Clause 8.6.
8.2 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 (e) below the contract will end immediately and we will refund you in
full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the
product or these terms which you do not agree to (see Clause 7.2);
(b) 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;
(c) there is a risk that supply of the products may be
significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical
reasons, or notify you we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of
something we have done wrong.
8.3 Exercising your right to change your mind if you
are a consumer (Consumer Contracts Regulations 2013). If you are a consumer
then for most products bought online you have a legal right to change your mind
within 14 days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms. You shall bear
the cost of returning the goods to us and you must return them in their
original packaging as soon as reasonably possible. If you cancel the contract
between us, we will refund all the sums paid less any amount we consider
reasonable if the goods returned show evidence of use by you that goes beyond
8.4 When consumers do not have a right to change their
minds. Your right as a consumer to change your mind does not apply in
(a) products made to order;
(b) products sealed for health protection or hygiene
purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other
items after their delivery.
8.5 How long do consumers
have to change their minds? If you are a consumer how long you have to
change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought goods?, if so you have 14 days
after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over
different days. In this case you have until 14 days after the day you (or
someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set
period. In this case you have until 14 days after the day you (or someone
you nominate) receives the first delivery of the goods.
8.6 Ending the contract
where we are not at fault and there is no right to change your mind. Even
if we are not at fault and you are not a consumer who has a right to change
their mind (see Clause 8.1), you can still end the contract before it is completed, but you
may have to pay us compensation. A contract for goods is completed when the
product is delivered and paid for. If you want to end a contract before it is
completed where we are not at fault and you are not a consumer who has changed
their mind, just contact us to let us know. The contract will end immediately
and we will refund any sums paid by you for products not provided but we may
deduct from that refund (or, if you have not made an advance payment, charge
you) monies as reasonable compensation for the net costs we will incur as a result
of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 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) Phone or email. Call customer services on +44(0)1204 491800 or email us at email@example.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at our address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Opal Works, Sofa Street, Bolton, Greater Manchester, BL1 4QE. If you are a consumer exercising your right to change your mind you must tell us within 14 days that you wish to end the contract and send off the goods as soon as practicable
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund by the method you used for payment. However, we may make deductions from the price, as described.
9.6 When we may make deduction from refunds if you are a consumer 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.
(b) 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 you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 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, if the products are goods, 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. For information about how to return a product to us, see Clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 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;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, clarification of address;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 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.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT OR DELIVERY
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44(0)1204 491800 or write to us at 3 Opal Works, Sofa Street, Bolton, Greater Manchester BL1 4QE or e-mail firstname.lastname@example.org. You must inform us immediately the same day or at the latest the next business day following delivery concerning any delivery error.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) If your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)1204 491800 or email us at email@example.com for a return label or to arrange collection.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in material respects with their description but subject to clause 4;
(b) be free from material defects in design, material and workmanship.
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product or you send us photographs clearly showing how the product does not comply; and
(c) you return such product to us promptly if requested by us,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT when chargeable) will be the price indicated on checkout when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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.
14.3 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. We will normally check prices before accepting your order so that, where 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.
14.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards, PayPal and bank transfer as indicated on our website. You must pay for the products before we dispatch them unless you are a credit account customer and the terms and conditions relating to our credit account customers will apply please see http://www.metalsolutions.uk.com/terms-and-conditions.htm
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY IF YOU ARE A CONSUMER
15.1 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 as summarised at Clause 12.1
15.2 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
16. OUR RESPONSIBILITY IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to Clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 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.
18.3 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.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 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.
18.6 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Limited respects your privacy and is committed to protecting your personal
data. This privacy notice will inform you as to how we look after your personal
data when you visit our website (regardless of where you visit it from) and
tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS
This privacy notice
aims to give you information on how Metal Solutions Limited collects and
processes your personal data through your use of this website, including any
data you may provide through this website when you sign up to our newsletter,
purchase a product or service or take part in a competition.
This website is not
intended for children and we do not knowingly collect data relating to
It is important that
you read this privacy notice together with any other privacy notice or fair
processing notice we may provide on specific occasions when we are collecting
or processing personal data about you so that you are fully aware of how and
why we are using your data. This privacy notice supplements other notices and
is not intended to override them.
Limited is the controller and responsible for your personal data (collectively
referred to as "we”, "us” or "our” in this privacy notice).
We have appointed a data
protection officer (DPO) who is responsible for overseeing questions in
relation to this privacy notice. If you have any questions about this privacy
notice, including any requests to exercise your legal rights, please contact
the DPO using the details set out below.
Our full details are:
Full name of legal
entity: Metal Solutions Limited
Name or title of DPO:
Postal address: Opal
Works, Sofa Street, Bolton BL1 4QE
You have the right to
make a complaint at any time to the Information Commissioner’s Office (ICO),
the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your
concerns before you approach the ICO so please contact us in the first
CHANGES TO THE
PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last
updated on 23 May 2018.
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 your relationship with us.
This website may
include links to third-party websites, plug-ins and applications. Clicking on those
links or enabling those connections may allow third parties to collect or share
data about you. We do not control these third-party websites and are not
responsible for their privacy statements. When you leave our website, we
encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or
personal information, means any information about an individual from which that
person can be identified. It does not include data where the identity has been
removed (anonymous data).
We may collect, use,
store and transfer different kinds of personal data about you which we have
grouped together follows:
• Identity Data includes first name, maiden
name, last name, username or similar identifier, marital status, title, date of
birth and gender.
• Contact Data includes billing address,
delivery address, email address and telephone numbers.
• Financial Data includes bank account and
payment card details.
• Transaction Data includes details
about payments to and from you and other details of products and services you
have purchased from us.
• Technical Data includes internet protocol (IP)
address, your login data, browser type and version, time zone setting and
location, browser plug-in types and versions, operating system and platform and
other technology on the devices you use to access this website.
• Profile Data includes your username and
password, purchases or orders made by you, your interests, preferences,
feedback and survey responses.
• Usage Data includes information about how
you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your
We also collect, use and share Aggregated Data such
as statistical or demographic data for any purpose. Aggregated Data may be
derived from your personal data but is not considered personal data in law as
this data does not directly or indirectly reveal your identity. For
example, we may aggregate your Usage Data to calculate the percentage of users
accessing a specific website feature. However, if we combine or connect
Aggregated Data with your personal data so that it can directly or indirectly
identify you, we treat the combined data as personal data which will be used in
accordance with this privacy notice.
We do not collect any
Special Categories of Personal Data about you (this includes details
about your race or ethnicity, religious or philosophical beliefs, sex life,
sexual orientation, political opinions, trade union membership, information
about your health and genetic and biometric data). Nor do we collect any
information about criminal convictions and offences.
IF YOU FAIL TO
PROVIDE PERSONAL DATA
Where we need to collect personal data by
law, or under the terms of a contract we have with you and you fail to provide
that data when requested, we may not be able to perform the contract we have or
are trying to enter into with you (for example, to provide you with goods or
services). In this case, we may have to cancel a product or service you have
with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different
methods to collect data from and about you including through:
• Direct interactions. You may give us your
Identity, Contact and Financial Data by filling in forms or by corresponding
with us by post, phone, email or otherwise. This includes personal data you
provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect
Technical Data about your equipment, browsing actions and patterns. We collect
this personal data by using cookies, server logs and other similar
technologies. We may also receive Technical Data about you if you visit other websites
• Third parties or publicly available sources. We may receive personal data about you from various third parties
as set out below:
• Technical Data from the following parties:
(a) analytics providers such as Google based outside the
(b) advertising networks inside or outside the EU; and
(c) search information providers inside or outside the EU.
• Contact, Financial and Transaction Data from providers of
technical, payment and delivery services inside or outside the EU.
• Identity and Contact Data from data brokers or aggregators inside
or outside the EU.
• Identity and Contact Data from publicly availably sources such as
Companies House and the Electoral Register based inside the EU.
4. HOW WE USE YOUR PERSONAL
We will only use your
personal data when the law allows us to. Most commonly, we will use your
personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into
or have entered into 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.
Generally we do not
rely on consent as a legal basis for processing your personal data other than
in relation to sending third party direct marketing communications to you via email
or text message. You have the right to withdraw consent to marketing at any
time by contacting us.
PURPOSES FOR WHICH WE
WILL USE YOUR PERSONAL DATA
We have set out
below, in a table format, a description of all the ways we plan to use your
personal data, and which of the legal bases we rely on to do so. We have also
identified what our legitimate interests are where appropriate.
Note that we may
process your personal data for more than one lawful ground depending on the
specific purpose for which we are using your data. Please contact us if you
need details about the specific legal ground we are relying on to process your
personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including
basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver your order
(a) Manage payments, fees and charges
(b) Collect and recover money owed to
(e) Marketing and Communications
(a) Performance of a contract with
(b) Necessary for our legitimate
interests (to recover debts due to us)
To manage our relationship with you
which will include:
(a) Notifying you about changes to
(b) Asking you to leave a review or
take a survey
(d) Marketing and Communications
(a) Performance of a contract with
(b) Necessary to comply with a legal
(c) Necessary for our legitimate
interests (to keep our records updated and to study how customers use our
To enable you to partake in a prize
draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with
(b) Necessary for our legitimate
interests (to study how customers use our products/services, to develop them
and grow our business)
To administer and protect our
business and this website (including troubleshooting, data analysis, testing,
system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate
interests (for running our business, provision of administration and IT
services, network security, to prevent fraud and in the context of a business
reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal
To deliver relevant website content
and advertisements to you and measure or understand the effectiveness of the
advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate
interests (to study how customers use our products/services, to develop them,
to grow our business and to inform our marketing strategy)
To use data analytics to improve our
website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate
interests (to define types of customers for our products and services, to
keep our website updated and relevant, to develop our business and to inform
our marketing strategy)
To make suggestions and recommendations
to you about goods or services that may be of interest to you
Necessary for our legitimate
interests (to develop our products/services and grow our business)
We may use your
Identity, Contact, Technical, Usage and Profile Data to form a view on what we
think you may want or need, or what may be of interest to you. This is how we
decide which products, services and offers may be relevant for you (we call
this marketing). We strive to provide you with choices regarding certain
personal data uses, particularly around marketing and advertising.
You will receive
marketing communications from us if you have requested information from us or
purchased goods or services from us or if you provided us with your details
when you entered a competition or registered for a promotion and, in each case,
you have not opted out of receiving that marketing.
We will get your express opt-in consent
before we share your personal data with any company outside the Metal Solutions
Limited group of companies for marketing purposes.
You can ask us or
third parties to stop sending you marketing messages at any time by logging
into the website and checking or unchecking relevant boxes to adjust your
marketing preferences or by following the opt-out links on any marketing
message sent to you or by contacting us at any time.
Where you opt out of
receiving these marketing messages, this will not apply to personal data
provided to us as a result of a product/service purchase, warranty
registration, product/service experience or other transactions.
You can set your
browser to refuse all or some browser cookies, or to alert you when websites
parts of this website may become inaccessible or not function properly. For
CHANGE OF PURPOSE
We will only use your
personal data for the purposes for which we collected it, unless we reasonably
consider that we need to use it for another reason and that reason is
compatible with the original purpose.
If we need to use
your personal data for an unrelated purpose, we will notify you and we will
explain the legal basis which allows us to do so.
Please note that we
may process your personal data without your knowledge or consent, in compliance
with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share
your personal data with the parties set out below for the purposes set out in
the table in paragraph 4 above.
• Internal Third Parties.
• External Third Parties.
• Third parties to whom we may choose to sell, transfer, or merge
parts of our business or our assets. Alternatively, we may seek to acquire
other businesses or merge with them. If a change happens to our business, then
the new owners may use your personal data in the same way as set out in this
We require all third parties to respect the security of your
personal data and to treat it in accordance with the law. We do not allow our
third-party service providers to use your personal data for their own purposes
and only permit them to process your personal data for specified purposes and
in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We do not transfer
your personal data outside the European Economic Area.
7. DATA SECURITY
We have put in place
appropriate security measures to prevent your personal data from being
accidentally lost, used or accessed in an unauthorised way, altered or
disclosed. In addition, we limit access to your personal data to those
employees, agents, contractors and other third parties who have a business need
to know. They will only process your personal data on our instructions and they
are subject to a duty of confidentiality.
We have put in place
procedures to deal with any suspected personal data breach and will notify you
and any applicable regulator of a breach where we are legally required to do
8. DATA RETENTION
HOW LONG WILL YOU USE
MY PERSONAL DATA FOR?
We will only retain
your personal data for as long as necessary to fulfil the purposes we collected
it for, including for the purposes of satisfying any legal, accounting, or
To determine the
appropriate retention period for personal data, we consider the amount, nature,
and sensitivity of the personal data, the potential risk of harm from
unauthorised use or disclosure of your personal data, the purposes for which we
process your personal data and whether we can achieve those purposes through
other means, and the applicable legal requirements.
9. YOUR LEGAL RIGHTS
circumstances, you have rights under data protection laws in relation to your
personal data to::
• Request access to your personal data.
• Request correction of your personal
• Request erasure of your personal data.
• Object to processing of your personal
• Request restriction of processing your
• Request transfer of your personal data.
• Right to withdraw consent.
If you wish to exercise any of the rights set out above,
please contact us. .
NO FEE USUALLY
You will not have to
pay a fee to access your personal data (or to exercise any of the other
rights). However, we may charge a reasonable fee if your request is clearly
unfounded, repetitive or excessive. Alternatively, we may refuse to comply with
your request in these circumstances.
WHAT WE MAY NEED FROM
We may need to
request specific information from you to help us confirm your identity and
ensure your right to access your personal data (or to exercise any of your
other rights). This is a security measure to ensure that personal data is not
disclosed to any person who has no right to receive it. We may also contact you
to ask you for further information in relation to your request to speed up our
TIME LIMIT TO RESPOND
We try to respond to
all legitimate requests within one month. Occasionally it may take us longer
than a month if your request is particularly complex or you have made a number
of requests. In this case, we will notify you and keep you updated.
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).
You can obtain further information about how we assess our legitimate interests
against any potential impact on you in respect of specific activities by
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
or regulatory obligation means processing your personal
data where it is necessary for compliance with a legal or regulatory obligation
that we are subject to.
Other companies in
the Metal Solutions Limited group and who are based and provide IT and system
administration services and undertake leadership reporting.
• Service providers acting as processors who provide IT and system
• Professional advisers including lawyers, bankers, auditors and insurers
who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities who
require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
access to 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.
correction of 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.
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.
to processing of 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
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.
the transfer of 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 which you initially provided consent for us to
use or where we used the information to perform a contract with you.
consent at any time where we are relying on consent to process your
personal data. However, this will not affect the lawfulness of any processing
carried out before you withdraw your consent. If you withdraw your consent, we
may not be able to provide certain products or services to you. We will advise
you if this is the case at the time you withdraw your consent.
agreement regarding processing of personal data by Metal Solutions Limited
1.1 Metal Solutions Ltd ("MSL”)
acts as a data processor on behalf of its customers who, as data controllers,
submit data in order to access the services of providers of courier and postal
despatch. MSL processes data to this end and in order to provide supporting and
related services. In certain cases the data so provided will relate to an
identifiable subject and so is defined as "personal data” under EU General Data
Protection Regulation 2016/679 ("GDPR”). This document serves the purpose of
the written contract required to be in place between MSL and its customers
("Controller”) clarifying their responsibilities and liabilities under GDPR.
2. Terms of
2.1 MSL will act only on the
written (post, e-mail, fax, text) and verbal instructions of the Controller in
processing any data supplied ("the Data”), personal or otherwise, unless
required by law to act without such instruction. Agreement to trade with MSL
under written Sales Orders is taken to constitute consent to process the Data
solely for the purposes necessary to perform the contracted services.
2.2 MSL will ensure that any people
processing or accessing the Data are subject to a duty of confidence. All staff
of MSL are bound by the terms of MSL’s Staff Data Policy regarding correct and
2.3 MSL will take appropriate
measures to ensure the security of processing the Data, such that are outlined
2.4 By submitting the Data for
delivery by a chosen courier or postal provider, such shipment being governed
by prior written Sales Order, the Controller consents to MSL passing any of the
Data necessary to that courier or postal provider for processing and/or the
supplier for their contracted purpose of conducting that delivery. Any other sub
and separate written agreement.
2.5 MSL will assist the Controller
in meeting any stated obligations regarding the provision of subject access to
their personal data and any other rights under GDPR. Should MSL receive such a
request directly, it will in the first instance refer the request to the
Controller, inform the data subject that it has done so, and subsequently act
according to the reasonable instruction of the Controller in providing further
information or access.
2.6 MSL will assist the Controller
in meeting any stated obligations regarding security of processing of the Data.
2.7 MSL will notify the Controller
of any personal data breaches relating to the Data, and any resultant data
protection impact assessments, in line with its obligations under GDPR.
2.8 MSL will submit to audits and
inspections of its processing practices by any supervisory authority and
provide the Controller with any information required to meet an equivalent
audit or inspection or any connected legal obligations.
2.9 MSL will immediately inform the Controller if it is asked by
a third-party to infringe GDPR or any other applicable data protection law in
relation to the Data.
3.1 MSL processes the Data on
behalf of the Controller through the supply relevant information to suppliers
and providers of courier and postal despatch. Subsequently the data is used to
provide tracking information and supporting customer services on request and
through provided online tools.
3.2 MSL processes the data for the
purpose of enabling delivery to the Controller’s designated recipients.
3.3 The Data may contain a number
of types of "personal data”, frequently consisting of name and address
information and sometimes also accompanying telephone numbers and/or email
addresses. Those names may be connected with either business or home addresses,
and their usage for both business and personal purposes. While it is
conceivable there may be "Personal Data” relating to vulnerable persons, to
children, and to other special categories of person within the Data, this in
current practice will not be identifiable therein, nor is the purpose of
processing related to that status.
3.4 MSL’s general policy is that
there should be no reason for the Controller to supply definable "sensitive
personal data” to MSL for the purposes of its processing. Should MSL become
aware of such instances, the Controller will be advised on ways in which the
Data can be supplied that does not constitute qualification as "sensitive”.
Should there be no alternative to the Controller supplying "sensitive personal
data” to meet its processing deeds, MSL will agree a separate written
arrangement regarding its safe usage and storage.
3.5 The Data is retained in
3.6 The Data is submitted by MSL to
suppliers and the supplier of the chosen despatch service for the purpose of
conducting delivery and will then be stored by that supplier in line with their
own processing terms.
3.7 Information, including the Data
where applicable, that is submitted to MSL by email or otherwise is stored in
3.8 The Controller holds responsibility for ensuring that the
Data it provides to MSL for processing complies with all legal obligations.
(a) the Controller verifies that the Data, and any record
therein, has been made subject to a valid and documented "lawful basis for
processing” under GDPR, and that
(b) the Controller
verifies that it has complied with any valid and reasonable subject request for
removal or deletion it has received and that no records of such subjects exist
within the Data,
(c) the Controller verifies that the Data does not contain any
record that is required to be excluded by either MPS or TPS registration as
(d) the Controller verifies that it is willing and able to
cooperate with any compliance requirements made of it under GDPR.
4.1 MSL does not indemnify the Controller against any data
breach or against any other financial harm resultant from its lawful processing
of the Data, other than by prior additional arrangement or other than as
governed by law.
4.2 Nothing within this contract relieves MSL of its own direct
responsibilities and liabilities under GDPR.
INFORMATION ABOUT OUR
Our website uses
cookies to distinguish you from other users of our website. This helps us to
provide you with a good experience when you browse our website and also allows
us to improve our site. By continuing to browse the site, you are agreeing to
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
Strictly necessary cookies. These are cookies that are required for the operation of our
website. They include, for example, cookies that enable you to log into secure
areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and
to see how visitors move around our website when they are using it. This helps
us to improve the way our website works, for example, by ensuring that users
are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website.
This enables us to personalise our content for you, greet you by name and
remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you
have visited and the links you have followed. We will use this information to
make our website and the advertising displayed on it more relevant to your
interests. We may also share this information with third parties for this
Please note that
third parties (including, for example, advertising networks and providers of
over which we have no control. These cookies are likely to be
analytical/performance cookies or targeting cookies.
You block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all or
parts of our site.
If you want to
delete cookies that are already on your device you can do this by deleting your
browser history or visit www.aboutcookies.org. You can also block cookies by activating the setting on your
browser that allows you to refuse the setting of all or some cookies. However,
if you use your browser settings to block all cookies (including essential
cookies) you may not be able to access all or parts of our site.
of changes required by its insurers, for operational or administrative reasons
or in order to comply with changes in the law.
The UK is due to leave the European Union on or around 31st October 2019
and there are many uncertainties as to how this is to be implemented. There are
concerns that material adverse effects could arise in particular with regard
to, but not limited to, VAT, customs issues, withholding taxes, applicable
statutory provisions regardless of an agreed Brexit deal or ‘no deal’. Metal
Solutions Ltd reserves the right to pass on any additional costs to its
customers and if necessary add such costs to existing quotations/orders. Metal
Solutions will not accept liability for any import/production delays which may
impact on customers delivery dates.