TERMS & CONDITONS
This legal notice applies to the entire contents of this website under the domain name www.gardxgroup.co.uk (“the Website”) and to any correspondence by e-mail or telephone between us and you. Please note that telephone calls to GardX may be recorded for training and security purposes.
Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to place an order with us. If you do not accept these terms, do not use this Website. This notice is issued by GardX Group Limited.
1. Information about Us
- www.gardxgroup.com is a site supplied by GardX Group Limited (“We”) is registered in England and Wales under Company Number 4951862 with its registered office at Unit 7, Clovelly Business Park, Clovelly Road, Southbourne Industrial Estate, Southbourne, Emsworth, Hampshire, PO10 8PE. United Kingdom.
2. Service Availability
- Our site is intended for use by people resident in the United Kingdom. We do not accept offers from individuals outside the United Kingdom.
3. Your Status
- By placing an order through our site, you warrant that you are:
- legally capable of entering into binding contracts;
- at least 18 years old; and
- resident in the United Kingdom.
4. Products
- We warrant that all Products promoted for sale through this site are of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied. Specifications on this website of the Products to be sold are not intended to be binding and are intended only to give a general description of the Products. In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the Products, and any implied warranties are excluded.
5. Availability
- All Products offered for sale are subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. But if there is a problem we will let you know as soon as we can.
6. Ordering
- We will treat each order for Products, which is confirmed when you click on the ‘NEXT’ button on the Order Confirmation Screen, as an offer by you to purchase the Products subject to these terms and conditions. After placing an order you will be assigned an Order Number, which will be displayed on the screen. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance, after payment by you has been successful, by notifying you that your order for GardX merchandise has been successful and stating a unique Reference Number on the (“the Confirmation Page”). The contract between us will only be formed when you see the Confirmation Page. The Contract will relate only to those Products we have confirmed on the Confirmation Page.
7. Price and Payment
- The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. All prices displayed on the website are quoted in UK Pounds Sterling and must be paid in full, including delivery charges. Prices are liable to change at any time. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product’s correct price is lower than the price stated on our website we will reimburse you the difference in price between the price you paid and the correct price. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing. Payment may be made by any of the methods indicated on our website. We do not offer any credit facilities, so we will not deliver Products to you if you do not pay for your order in full at the time of ordering.
8. Delivery
- Delivery shall be made to the delivery address supplied by you at the time of ordering. While we endeavour to deliver within the times specified, any times quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Risk of damage to or loss of the Products shall pass to you at the time of delivery to the specified delivery address. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Please note aerosol cans can only be delivered to UK Mainland locations.
9. Returns
- We want you to be totally satisfied with your purchase. If for any reason you are not entirely happy with your order we will refund the value of the Products supplied provided that you inform us within 10 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy, minus the delivery charge. Products must be returned, together with the delivery note, to us in perfect condition to the address specified on the delivery note.
- To cancel your contract with us for the Products you must, within the 10 days, beginning on the day after you received the Product:
- contact us via a method explained on the Contact Us page of your decision to return the Products;
- return the Products and delivery note to us, immediately, and in the same condition in which you received the Products; and
- return the Products at your own cost and risk.
10. Damaged Products or Incorrect Deliveries
- Our warranty contained in ‘Products’ above is subject to the following conditions:
- the Products must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result;
- any claim by you in respect of any shortages and/or defects apparent on delivery in the Products must be notified to us by you within 10 days of the delivery date, stating the nature of the shortage/defect and quoting the order reference number;
failure to notify us, within 10 days of the delivery date, will deem you to have accepted the Products. In some cases we may require you to return the defective Products to us at its cost. We will examine the returned Product and will, where appropriate, notify you of your refund or replacement Product via email or telephone within a reasonable period of time.
- Where you make a valid claim in respect of any shortages or defects and we are liable for the claim, we can, at our option, make up the shortages or replace the Products free of charge, or refund the price of the Products in question to you. In addition for defective Products we will refund you reasonable costs incurred for postage of the Product, but we shall have no further liability to you. If you do not notify us accordingly, we shall have no liability for any defects and you shall be bound to pay for the Products.
11. Limitation of liability
- The limit of our liability to you is the making up of any shortfall, replacement, refund of the price of the Products, and, in the case of defective Products, refunding the delivery costs, as provided for in Payment & Delivery. We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions. This clause does not include or limit in any way our liability:
- for death or personal injury;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation.
12. Events beyond our reasonable control
- We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
13. Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. Waiver
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Our Right to vary these Terms and Conditions
- We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 10 days of receipt by you of the Products).
16. Choice of Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.
GardX International Ltd is registered in England and Wales under Company Number 05465377 with its registered office at 2nd floor, Lake House, 2 Port Way,
Port Solent, Hampshire PO6 4TY United Kingdom (“GardX, We, You and Our”)
Introduction
Thank you for purchasing one of our products. We value our customers’ privacy and have taken great care to ensure the security of your transaction.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
The purpose of this notice
GardX is committed to meeting its obligations under the Data Protection Act 2018, the UK GDPR (including the Data Protection, Privacy and Electronic Communications Amendments 2019 DPPEC) and the Privacy and Electronic Communications Regulations (PECR). GardX will strive to observe the law in all collection and processing of subject data and will meet any subject access request in compliance with the law. GardX will only use data in ways relevant to carrying out its legitimate purposes and functions in a way that is not prejudicial to the interests of individuals. GardX will take due care in the collection and storage of any sensitive data. GardX staff and its agents will do their utmost to keep all data accurate, timely and secure.
This Notice is designed to help you understand what kind of information we collect in connection with our products and services and how we will process and use this information. In the course of providing you with products and services we will collect and process information that is commonly known as personal data.
This Notice describes how we collect, use, share, retain and safeguard personal data.
This Notice sets out your individual rights; we explain these later in the Notice but in summary these rights include your right to know what data is held about you, how this data is processed and how you can place restrictions on the use of your data.
What is personal data?
Personal data is information relating to an identified or identifiable natural person. Examples include an individual’s name, age, address, date of birth, their gender and contact details.
Personal data may contain information which is known as special categories of personal data. This may be information relating to an individual’s health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, or data relating to or sexual orientation.
Personal data may also contain data relating to criminal convictions and offences.
For the purposes of safeguarding and processing criminal conviction and offence data responsibly, this data is treated in the same manner as special categories of personal data, where we are legally required to comply with specific data processing requirements.
Personal data we collect
In order for us to arrange and administer insurance and guarantees for you we will collect and process personal data about you. We will also collect your personal data where you request information about our services, customer events, promotions and campaigns.
We may also need to collect personal data relating to others in order to arrange and administer insurance and guarantees. In most circumstances, you will provide us with this information. Where you disclose the personal data of others, you must ensure you are entitled to do so.
You may provide us with personal data when completing online quote or contact forms, when you contact us via the telephone, when writing to us directly or where we provide you with paper based forms for completion or we complete a form in conjunction with you.
We will share your personal data within our companies and with business partners. This is normal practice within the insurance industry where it is necessary to share information in order to place, quantify and underwrite risks, to assess overall risk exposure and to process claims. It is also necessary to determine the premium payable and to administer our business.
We also share personal data with authorised third parties, this is necessary where we are required to do so by law, where we need to administer our business, to quote for, source, place and administer your insurances and guarantees including arranging insurance premium finance, to perform underwriting activities and to process claims. Some examples follow:
- Insurers;
- Underwriters;
- Premium finance providers;
- Credit reference agencies;
- Debt recovery agencies;
- Claims handling companies;
- Loss adjusters;
- Insurance brokers;
- Reinsurers;
- Regulators.
We will collect your personal data when you visit our website, where we will collect your unique online electronic identifier; this is commonly known as an IP address.
We will also collect electronic personal data when you first visit our website where we will place a small text file that is commonly known as a cookie on your computer. Cookies are used to identify visitors and to simplify accessibility, and to monitor visitor behaviour when viewing website content, navigating our website and when using features. For more information, please see our Cookie Policy.
We may record your communications with us when contacting our customer care, complaints and other customer focused functions. We also collect personal data through the use of telematics or similar locational tracking services, where you have agreed to the use of this particular service.
Where we collect data directly from you, we are considered to be the controller of that data i.e. we are the data controller. Where we use third parties to process your data, these parties are known as processors of your personal data. Where there are other parties involved in underwriting or administering your insurance and guarantees they may also process your data in which circumstances we will be a joint data controller of your personal data.
A data ‘controller’ means the individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data.
A data ‘processor’ means the individual or organisation which processes personal data on behalf of the controller.
As a provider of insurance and guarantee services, we will process the following categories of data:
- Personal data such as an individual’s name, address, gender, contact details and details of historic claims
- Data relating to insurance fraud
If you object to the collection, sharing and use of your personal data we may be unable to provide you with our products and services.
For the purposes of meeting the Data Protection Act 2018, the UK GDPR (including the Data
Protection, Privacy and Electronic Communications Amendments 2019 DPPEC) and the Privacy and Electronic Communications Regulations (PECR) territorial scope requirements, the United Kingdom is identified as the named territory where the processing of personal data takes place, although in the respect of claims some data may be processed in the European Economic Area (EEA).
If you require more information about our insurance and guarantee processes or further details on how we collect personal data and with whom we share data with, please contact our Data Protection Officer by e-mailing [email protected].
Why do we need your personal data?
We will use your personal data for the performance of our contract with you, to quote for and provide you with insurance and guarantee products and services, to process claims and renewals, to administer your policy and our business, to respond to any requests from you about services we provide and to process complaints. We will also use your personal data to manage your account, perform statistical analysis on the data we collect, for financial planning and business forecasting purposes and to develop new and market existing products and services.
In purchasing our products and services you should understand that you are forming a contract with us. If you contact us for a quote or request details on the services we provide, we consider ourselves as having a legitimate business interest to provide you with further information about our services.
In some situations, we may request your consent to market our products and services to you, to share your data or to transfer your data outside the European Economic Area. Where we require consent, your rights and what you are consenting to will be clearly communicated to you. Where you provide consent, you can withdraw this at any time by contacting our Data Protection Officer on [email protected]
We will retain your personal data at the end of any contractual agreement for a period of 7 years. Where you have submitted a claim, we will retain your data for a period of 7 years. Where you have requested a quote, we will retain your personal data for 6 months,where you have contacted us for details of our services and products, we will retain your personal data for 3 months. Where you make a complaint we will retain the data for 7 years. Where you or law enforcement agencies inform us about any active investigation or potential criminal prosecution, we will comply with legal requirements when retaining this data.
The retaining of data is necessary where required for contractual, legal or regulatory purposes or for our legitimate business interestsfor statistical analysis (profiling) and product development and marketing purposes.
Sometimes we may need to retain your data for longer, for example if we are representing you or defending ourselves in a legal dispute or as required by law or where evidence exists that a future claim may occur.
You should be aware that we use automated decision making (services/tools and techniques) to check for customer suitability to our products, for example we might perform a credit search to check an individual’s solvency and credit rating. We also analyse data to identify products and services that customers may be interested in, this is commonly known as profiling. You have the right to object to the use of profiling activities and the use of automated decision making (services/tools and techniques).
You should also be aware that we may share your data with certain agencies to prevent fraud.
Please contact our Data Protection Officer if you object to the use of, or you have any questions relating to the use of, your data, the retention of your personal data. You can opt out of receiving marketing services on 01243 376426 or email us at [email protected].
Product Specification
The specifications contained on our website are for information purposes only as we cannot confirm the exact specifications of the Products. If you require any specific information about a product, please email us at [email protected].
Intellectual Property Rights
Our website is published by GardX and is protected by copyright and other intellectual property rights in existence at any time throughout the world. All website design, text, graphics, the typographical arrangement thereof, and all other material on this website is copyright of GardX or their service and technology providers. Permission is hereby granted to electronically copy and to print hard copy portions of this web site for the sole purpose of using this as an information resource for GardX products. Any other use of materials on this website, including reproduction for purposes other than the above, modification, distribution or republication without the prior written permission of GardX is prohibited.
The trade marks, logos and service marks shown on the GardX web site, unless otherwise specified, are the trademarks of GardX. No rights are granted to use any of them in any manner whatsoever. Any infringement of GardX’s rights will result in appropriate legal action being taken against you.
How does your browser protect you and your data?
Most modern web browsers, such as Internet Explorer and Firefox, support ‘secure mode’ and standard security protocols. Internet Explorer can warn you if the site you are about to send payment details to is secure or insecure. To make this happen, select OPTIONS on the VIEW menu and then click the SECURITY tab. Once all of the warning boxes have been ticked, Internet Explorer will automatically alert you each time you send your private details to another site.
Online security is constantly evolving so, if you are using older versions of a web browser, we recommend you update your browser to the latest version in order to take full advantage of the improved security features.
Disclaimer and liability
All express warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to our web site or the information, content, materials or products included on our web site are hereby expressly excluded to the fullest extent permitted by law. GardX shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses or other claims for compensation what so ever, whether caused by the acts, omissions or the negligence of GardX, its employees or agents, which arise out of or in connection with the use of our web site or the information, content materials or products included on our website, except in respect of death or personal injury caused by GardX’s employees’ or it’s agents’ proven negligence. GardX does not accept any responsibility or liability for access to or material on, any website that is linked from or to this website.
Misuse Statement
GardX reserves the right to prevent your usage of our site if you misuse the contents contained within this website in any manner. GardX is the final arbiter as to what shall constitute misuse and its decision will be final.
Secure Shopping
We use the SagePay automated online payment service provided by SagePay to ensure that your credit card information is treated with the highest standards of safety and confidentiality. At no time is information about your credit card held on our servers. All transaction information passed between us and the SagePay VSP Systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from SagePay are signed using MD5 hashing to prevent tampering. You can be completely secure in the knowledge that nothing you pass to the SagePay servers can be examined, used or modified by any third parties attempting to gain access to sensitive information. Once on SagePay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign’s Global Root certificate, making them all but impossible to extract. The data that SagePay holds is extremely secure and SagePay are regularly audited by the banks and banking authorities to ensure it remains so.
If you are still concerned about ordering electronically, you can place your order by calling us directly on 01243 376426 from 9.00 a.m. to 5.30 p.m. (GMT), Monday to Friday.
Your rights
Individuals are provided with legal rights governing the use of their personal data. These grant individuals the right to understand what personal data relating to them is held, for what purpose, how it is collected and used, with whom it is shared, where it is located, to object to its processing, to have the data corrected if inaccurate, to take copies of the data and to place restrictions on its processing. Individuals can also request the deletion of their personal data.
These rights are known as Individual Rights under the Data Protection Act 2018 and the UK GDPR. The following list details these rights:
- The right to be informed about the personal data being processed;
- The right of access to your personal data;
- The right to object to the processing of your personal data;
- The right to restrict the processing of your personal data;
- The right to rectification of your personal data;
- The right to erasure of your personal data;
- The right to data portability (to receive an electronic copy of your personal data);
- Rights relating to automated decision making including profiling.
Individuals can exercise their Individual Rights at any time. As mandated by law we will not charge a fee to process these requests, however if your request is considered to be repetitive, wholly unfounded and/or excessive, we are entitled to charge a reasonable administration fee.
In exercising your Individual Rights, you should understand that in some situations we may be unable to fully meet your request, for example if you make a request for us to delete all your personal data, we may be required to retain some data for taxation, prevention of crime and for regulatory and other statutory purposes.
You should understand that when exercising your rights, a substantial public or vital interest may take precedence over any request you make. In addition, where these interests apply, we are required by law to grant access to this data for law enforcement, legal and/or health related matters.
The flow of data within the insurance sector is complex and we ask you to keep this in mind when exercising your ‘rights of access’ to your information. Where we may be reliant on other organisations to help satisfy your request this may impact on timescales.
If you require further information on your Individual Rights or you wish to exercise your Individual Rights, please contact our Data Protection Officer by email [email protected] or writing to Unit 7, Clovelly Business Park, Clovelly Road, Southbourne Industrial Estate, Southbourne, Emsworth, Hampshire, PO10 8PE. United Kingdom.
Protecting your data
We will take all appropriate technical and organisational steps to protect the confidentiality, integrity, availability and authenticity of your data, including when sharing your data within our companies and authorised third parties.
Data Protection Officer
To comply with our legal obligations and to ensure data privacy and protection has appropriate focus within our organisation we have a Data Protection Officer who reports to our senior management team. The Data Protection Officer’s contact details are as follows: 01243 376 426 or [email protected]
Complaints
If you are dissatisfied with any aspect of the way in which we process your personal data, please contact the Data Protection Officer. You also have the right to complain to the UK’s data protection supervisory authority, the Information Commissioner’s Office(ICO). The ICO may be contacted via its website which is https://ico.org.uk/concerns/, by live chat or by calling their helpline on 0303 123 1113.
GardX Group Anti-Slavery and Human Trafficking Statement
GardX Group Limited are committed to ensuring that there is no modern slavery or human trafficking within our business or any element of the supply chain.
We have put in place an Anti-Slavery and Human Trafficking Policy which reflects our commitment to acting ethically and with integrity in all of our business relationships and ensuring that we have effective systems and controls in place to ensure modern slavery and human trafficking is not taking place within our business or supply chains, in accordance with The Modern Slavery Act 2015.
Anti-Bribery and Corruption Statement
GardX Group is committed to ensuring that their operations and those of their subsidiary organisations are conducted in accordance with the UK Bribery Act 2010 and the standard s it sets.
Compliance with the UK Bribery Act 2010 is essential to the operating procedures of GardX Group and its subsidiary organisations and therefore the full co-operation and commitment of all staff is expected to maintain these high standards.
It is GardX Group’s policy to conduct business in an honest way, and without the use of corrupt practices or acts of bribery to obtain any advantage.
The GardX Group group of companies is committed to ensuring adherence to the highest legal and ethical standards, and this is reflected in every aspect of the way in which we operate.
This is not just a moral issue, but a legal requirement. Bribery is a criminal offence in the majority of countries in which GardX Group operates. GardX Group attaches the utmost importance to this policy and will apply a zero tolerance approach to any acts of bribery and corruption by any agents, employees or third-party representatives.
How to contact us
If you have any questions regarding this Notice, the use of your data or your Individual Rights please contact our Data Protection Officer at Unit 7, Clovelly Business Park, Clovelly Road, Southbourne Industrial Estate, Southbourne, Emsworth, Hampshire, PO10 8PE. United Kingdom or by e-mailing [email protected] or by telephoning 01243 376426.