Terms & Conditions
Goods means the Products we are selling to you in the Order.
Order means the contract for the sale and purchase of the Products that you have selected from this website as summarised in your Order Confirmation.
Order Confirmation means the written summary of the Products you have selected and personalized, displayed to you after your payment details are entered and processed.
Product(s) means any of the items displayed for sale on this website.
Terms means the terms and conditions displayed in writing from time to time by us on this website.
We or us means The Tartan Frame Company
Writing or written includes text displayed on this website and email communication.
Use of the Website
We must receive payment of the price stated in the Order
Confirmation before your Order can be accepted. Once payment has been received by us, we will confirm to you in writing that your Order has been accepted at which point the Order will become a legally binding contract.
The provision of an email address by you shall be deemed as confirmation from you that you are happy to accept electronic communication at that address.
Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this website (including the design, graphics, photographs, text, video clips, reprographics, sounds, demos, patches and other material) are owned, controlled or licensed by us or other third parties and are protected or covered by copyright, trade mark, intellectual property law and other proprietary rights. Any use of materials on our website (including, without limitation, reproduction, alteration, modification, storage, distribution, or republication) is strictly prohibited except where expressly authorised.
We reserve the right to amend these Terms from time to time and any future Orders placed by you will be subject to the Terms then in force, therefore it is your duty to check these whenever you visit the website.
You are responsible for maintaining the security of your username and password and no liability is accepted by us for any abuse of your account if you fail to do so.
If you suspect your account has been or is likely to be abused then please notify us as soon as possible to allow us to take action to suspend your account.
We reserve the right to restrict, suspend or cancel your account at our discretion.
Conditions of Sale
These Terms and the Order Confirmation are the whole agreement between us for the sale of the Goods.
Personalised goods cannot be cancelled or amended once the order has been placed.
We reserve the right to cancel the Order if: (a) the personalisation of the Goods by you is deemed by us to be unsuitable, offensive, discriminatory or otherwise inappropriare; or (b) one or more of the Goods was listed at an incorrect price. If we do cancel the Order, we will notify you in writing and refund any payment received from you.
The illustrations of the Products on this website are solely to provide you with an approximate idea of the Products they describe and are not binding and may be subject to slight variations in colour and design.
No intellectual property in the Goods is included in the Order and you may not copy, distribute or modify in any way any of the Goods
We will post the Goods to the address or addresses on the date or dates specified in the Order Confirmation by second class post.
You become the owner of the Goods once we have posted them and delivery shall be at your own risk.
If you are not available to take delivery of your goods and they are returned to us, we will not refund your postage costs. Any goods returned the postage will be re charged to be re-sent.
Defective Goods & Complaints
If the Goods appear to be defective or you have a complaint about your Order then please contact us within 7 days. At our discretion, we may arrange to deliver a replacement Product. Upon receipt, we will inspect the Goods and, if we agree they are defective, we will issue a refund within 14 days. This is in addition to your statutory rights.
Limitation of Liability
Save as precluded by law, we will not be liable to you for
any unforeseeable losses nor for any indirect or consequential loss, damage or
expenses (including loss of profits, business, goodwill or reputation)
howsoever arising and whether or not we had knowledge of the potential for such
loss and we shall have no liability to pay any money to you by way of
compensation other than to refund to you the amount paid by you for the Goods.
Nothing in these Terms shall affect your statutory rights or shall exclude or limit our
liability for fraudulent misrepresentation or for death or personal injury
resulting from our negligence.
The availability of this website is at our discretion and it may be suspended or
removed, temporarily or permanently, without
liability to you. No warranty is given that this website or any downloads from
it are free from viruses or malicious software and we have no liability to you
for any loss you suffer as a result.
Any external links are provided for information only and we accept no liability for
any loss or damage you suffer as a
result of visiting those websites.
We shall have no liability to you for any delay or failure to deliver the Goods or
for any damage to the Goods for any reason beyond our reasonable control
including, without limitation, strikes or other industrial actions, breakdown
of systems or network access, flood, fire, adverse weather, explosion,
accident, natural disaster or Act of God.
We do not hold your payment details. Your payment details are not processed by this website, but through Paypal
See our Privacy Notice and Data Policy below for more information.
If any of these terms and conditions are held to be unenforceable then the
enforceability of the remaining conditions shall not be affected.
This contract shall be governed by the laws of Scotland and
the parties agree to the exclusive jurisdiction of the Scottish Courts.
PRIVACY NOTICE & DATA POLICY
Under the General Data Protection Regulations (GDPR), you have specific rights. This privacy notice tells you what to expect when The Tartan Frame Company collects personal information. We are committed to processing your data securely and transparently. This notice applies to current and former customers.
Data Protection Principles
In relation to your personal data, we will comply with data protection law. This says that the personal information we hold about you must be:
- processed fairly, lawfully and in a clear, transparent way
- collected only for valid reasons that we find proper for the course of your time as a customer and not used in any way that is incompatible with those purposes
- only used in the way that we have told you about
- accurate and up-to-date
- kept only as long as is necessary for the purposes we outline
- process it in a way that ensures it will not be used for anything that you are not aware of or have consented to (as appropriate), lost or destroyed
- kept securely
Types of Information We Hold About You
Personal data or 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.
We can and may hold many types of data about you, including:
- your personal details including your name, address, date of birth, email address, phone numbers
- next of kin, relatives or friends or work colleagues whom you have provide as contacts to receive goods
Special categories of data
There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.
- We do not hold any of this type of information
The Personal Data We Process and What We Do with It
When you supply your personal details to us they are stored and processed for 3 reasons:
- We need to collect personal information about you and your home or place of work or other building in order to provide you with the best possible service and products. Your request for a service or product and our agreement to provide that service or product constitutes a contract. You can, of course, refuse to provide the information, but if you were to do that we would not be able to provide a service or products.
- We have a legitimate interest in collecting that information, because without it we couldn’t do our job effectively and safely.
- Provided we have your consent, we may occasionally send you general news and products information in the form of articles, advice or newsletters. You may withdraw this consent at any time – just let us know by any convenient method.
Change of Purpose
We will only use your personal information 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Retaining Your Personal Data
If you contact us in request of information on our products or services, and decide not to purchase goods or continue with our services, we may hold your information on our records indefinitely, should you need to use our services us at some future date. However, we will be happy to delete this at your request once the legal obligation has passed.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
Data Security – Protecting Your Data
We have put in place measures to protect the security of your information against accidental loss or disclosure, alteration, unauthorised access, destruction or abuse. We have implemented processes to guard against such. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Our Data Security Policy is available on request.
Where we share your data with third parties, we provide written instructions to them to ensure that your data are held securely and in line with GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
Your records are stored:
- On paper, in filing cabinets, at our head office. The head office is always locked and alarmed when no one is in the building.
- Electronically, using Apple iCould, Google GMail and Google Cloud (Google Drive) and Shopify eCommerce system. These providers have given us their assurances that they are fully compliant with the General Data Protection Regulations. Access to all of this data is password protected, and the passwords are changed regularly.
- On our business computers. These are password-protected, backed up regularly and encrypted.
- On mobile devices. The nature of our business dictates we need access to records whilst travelling. We can access and retrieve your information using mobiles phones and tablet devices. These devices may hold your contact details and any job-specific data but not any financial data. These devices are secured by the provider and are password protected and kept on our persons or in a secure place at all times.
Sharing Your Personal Data
We will never share your data with anyone who does not need access without your written consent.
Only the following people/agencies will have routine access to your data:
- Company staff in order that they can provide you with a service and products.
We may share your data with third parties, specifically other sub-contractors, required in order to carry out our service to you or your property.
From time to time, we may have to employ consultants to perform tasks which might give them access to your personal data. We will ensure that they are fully aware that they must treat that information as confidential, and we will ensure that they sign a non-disclosure agreement.
We may also share your data with third parties as part of a business sale or restructure, or for other reasons to comply with a legal obligation upon us. We would always keep you informed of these situations.
Transferring Information Outside the EU
We do not share your data with bodies outside of the European Economic Area.
As we process your personal data, you have certain rights. These are a right of access, a right of rectification, a right to be informed, a right of erasure, a right to restrict processing.
- You may request a copy of your data at any time. Please make such a request in writing or by email to the Data Controller whose details are shown below. Please provide the following information: your name, address, telephone number, email address and details of the information you require.
- If you believe any of the personal data we hold on you is inaccurate or incomplete, please contact us directly and any necessary corrections to your data will be made without undue delay.
- The right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice. We must also inform you of any changes to how we use your data.
- If you believe we should erase your data, please contact the Data Controller, whose details are shown below.
- If you wish us to stop storing, using, or restrict the processing of your data, please contact the Data Controller, whose details are shown below.
- Where you have provided explicit consent for us to use your data you have a right to withdraw this consent at any time.
We want you to be absolutely confident that we are treating your personal data responsibly, and that we are doing everything we can to make sure that the only people who can access that data have a genuine need to do so.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee for a second or subsequent copy of information or if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Making a Complaint
If you have any questions about this Privacy Notice or how we handle your information please contact the Data Controller, whose details are shown below.
If you feel that we are mishandling your personal data in some way, you have the right to complain. Complaints need to be sent to the Data Controller.
If you are not satisfied with our response, then you have the right to raise the matter with the Information Commissioner’s Office (ICO) www.ico.org.uk.
Should your personal data that we control be lost, stolen or otherwise breached, where this constitutes a high risk to your rights and freedoms, we will contact you without delay. We will give you the contact details of the person who is dealing with the breach, explain to you the nature of the breach and the steps we are taking to deal with it.
Automated Decision Making and Profiling
We do not use any system which uses automated decision making or profiling in respect of your personal data.
Contacting Us Via Social Media
If you send us a private or direct message via social media the message will be stored in that media for three months. It will not be shared with any other organisations.
Visiting our Website
When you visit www.thetartanframecompany.co.uk we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be upfront about this. We will make it clear when we collect personal information and will explain what we intend to do with it.
What are cookies?
We use several categories of cookies and each performs different functions. You can learn more about cookies and their functions generally by visiting an information website like allaboutcookies.org.
What categories of cookies may be used?
The cookies that may be used on this website fall into the three categories described below. These descriptions can help you determine if and how you would like to interact with our websites and other online services.
Strictly necessary cookies
These cookies are essential in order to enable you to navigate this website and use certain features. Without these strictly necessary cookies, the full experience of this website cannot be provided.
We may place our performance cookies on your device. The information collected using our performance cookies is used by us or for our benefit, to improve our website experience or for other statistics gathering purposes.
Our performance cookies are used to generate aggregated, anonymous information about how you and other users use this website and its features. For instance, our performance cookies collect information about which pages on this website you visit most often, if you open or read the communications we send, or if you receive any error messages. The information collected may be used to improve users’ online experience generally, to collate statistics, or customise your online experience. Our performance cookies don’t collect information that identifies you personally.
You can delete or manage performance cookies as instructed in the last section of this Cookies Policy.
We may place our functionality cookies on your device. We do not share information collected using our functionality cookies with any advertisers or other third parties.
Our functionality cookies are used to remember choices you make (the completion of a form or other online settings) and provide the personalised or enhanced features that you select. Our functionality cookies can be used to provide online services to you, or to prevent online services from being offered to you if you previously indicated you did not want to receive such services. Our functionality cookies collect anonymous information.
If you delete these functionality cookies, any preferences or settings you selected will not be retained for later visits.
Disabling/enabling cookies via your browser
There are a number of ways for you to manage cookies and other tracking technologies. Through your browser settings, you can accept or decline cookies or set your browser to prompt you before accepting a cookie from the websites you visit. You should be aware that you may not be able to use all our interactive features if you set your browser to disable cookies entirely.
If you use different computers in different locations you will need to ensure that each browser is adjusted to suit your preferences.
You can delete any cookies that have been installed in the cookie folder of your browser. The various browsers provide different procedures to manage your settings. Click on any of the browser links below for instructions.
If you are not using any of the above-listed browsers, then you should select “cookies” in the “Help” function for information on where to find your cookie folder.