Terms & conditions
i. Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded, unless expressly accepted in writing by the PBS Business Solutions Ltd. (Hereinafter called the Seller).
ii. In entering into this contract the Buyer hereby acknowledges that the contract has not been induced by any representation orally or in writing made by the Seller, its servants or agents.
2. The prices quoted are those current at the date of quotation and shall be subject to variation to allow for any increases in costs coming into effect between the date of the quotation estimate or tender and the date of delivery or completion of the Contract without notice, unless specifically stated otherwise on the quotation.
3. Firm price quotations are valid for a period of one month only from the date of quotation. Thereafter the Seller may at its absolute discretion accept or reject any order placed by the Buyer.
4. All conditions, warranties, terms and obligations whether expressed or implied by statute common law custom or otherwise (including without prejudice to the generality of the foregoing exclusion of any warranty or condition to merchantable quality or fitness for any particular purpose) are hereby wholly excluded.
5. Returns - We are under no obligation to accept return of goods supplied and credit the Buyer accordingly except in the following circumstances.
i. Goods returned as being damaged in transit.
ii. Goods returned following a request to us following a complaint of quality of goods and returned in original unmarked packaging.
iii. Goods that are not stocked in the local warehouses in the Channel Islands and returned as not required will be subjected to a 15% handling charge and must be returned within 24 Hours of receipt in the original unmarked packaging and a resalable condition.
In all circumstances, our prior agreement must be received before the return of goods. In no circumstances will we accept returns on perishable goods or non-catalogue items ordered through as specials.
6. No claim for damage in transit, for shortage in delivery or for loss of goods will be entertained unless
i. in case of damage, a separate notice in writing is given to the carriers and to the Seller within three days of receipt of the goods followed within 14 days of the date of advice or dispatch by a complete claim in writing or:
ii. in case of loss of goods, a separate notice in writing and claim is given to the Seller and Carriers within 14 days of the Seller's advice of dispatch to the Buyer. In all cases a signature unexamined shall be deemed to be an unconditional acceptance of the goods.
7. The Seller shall not be liable in the event of nonfulfilment of a contract owing to Act of God, war, disease, strike, lock-outs, fire or any accident or incident of any nature whatever beyond the control of the Seller.
8. Any contract or part thereof for which the Buyer has not given to the Seller clear and unambiguous instructions for delivery within a period of six weeks after acceptance of the order shall (at the option of the Seller) be invoiced and the amount become payable by the Buyer forthwith or cancelled. Unless such order shall be invoiced within seven months from acceptance of the order it shall be deemed to be cancelled.
9. Unless otherwise specifically provided the price for the goods shall be paid by the Buyer on or before 30th day following the date on which the goods are invoiced. From and after that date the Seller shall be entitled to charge and recover interest from the Buyer on the price of the goods calculated at the rate of 3% above Bank base rate per annum from the date upon which payment is due until date of payment.
i. Ownership of the goods the subject of this contract shall not pass to the Buyer until they are fully paid for but the risk in the goods shall be borne by the Buyer from the date of delivery by the Seller or its carriers to the Buyer.
ii. In the event that the price for the goods is not paid by the Buyer by the due date the Seller shall at its absolute discretion be at liberty either to recover the goods or maintain an action for the price of the goods.
iii. For all purposes the Buyer hereby grants to the Seller an irrevocable lien on the goods until the price is paid and permits the Seller access to recover the goods, wheresoever they are situated.
iv. Without prejudice to the foregoing the Seller may maintain an action against the Buyer for any loss and damage suffered in consequence of the Buyer's failure to complete the contract or pay the price for the goods.
11. Time shall not be of the essence of this contract insofar as it concerns the delivery of the goods. The Seller shall not be liable for any loss or damage howsoever arising from the failure to deliver by any date specified either by the contract or by a collateral agreement, representation or arrangement made by the Seller or its servants or agents, whether oral or in writing.
12. Where the goods are offered for delivery to site, the Sellers obligation is to deliver as near to the site as a safe hard road permits. The customer is to provide, free of charge, the labour for unloading and stacking.
13. Minimum orders -All deliveries made must have a minimum invoice value of £10 otherwise a delivery charge will be made.
14. Credit - Goods delivered in accordance with customers orders and subsequently returned for credit will be subject to a handling charge of a minimum of £5 or 15%.
15. Approval - We regret no goods can be supplied on approval.
16. Collection - Goods may be collected from our Warehouse at 11 La Rue Le Gros, Rue des Pres Trading Estate, St Saviour, Jersey. JE2 7QP
provided a telephone order is received in advance. There is no minimum order value for collections. To avoid delays, please give us as much notice as possible.
17. Out of stock items - All outstanding items will be booked unless otherwise requested.
18. Cancellation - Must be received in writing prior to dispatch.
19. The Seller reserves the right to substitute specified goods with similar products of equal quality at any time without notice.
20. The Seller withholds the right to suspend further deliveries if it is judged that payment is overdue.
21. These terms of business will be deemed as accepted upon placement of first order with the PBS Business Solutions LTD.
2. TYPES OF DATA
In this policy: your data refers to any data relating to you or your representatives that we may process from time to time; personal data means your data that is personal data under the Data Protection Act 1998; individual subscriber data means your telephone number, fax number or e-mail address, if you are an individual, partnership or an unincorporated association; and corporate subscriber data means your telephone number, fax number or e-mail address that is not personal data or individual subscriber data.
3. OUR COMMITMENT
4. CONTACTING US
If you have any questions about our processing of your data, please contact us using our postal address set out above or using any of the contact methods listed on our web site.
5. HOW DO WE OBTAIN CUSTOMER DATA?
We may obtain your data in the following ways:-
5.1 Account Set-Up
When you set up an internet account with our website to shop on line.
5.2 Newsletter Registration
If you register an e-mail address with us to receive offers and newsletters from us.
5.3 Orders and Enquiries
When you place orders with us, pay for your orders, or make enquiries with us.
5.4 Telephone Calls
We do not record telephone calls between you and us.
5.5 Website Browsing
5.6 Credit References
To help us decide whether to accept orders from you or (where applicable) allow you payment credit terms, we may undertake searches and enquiries and obtain whatever references or other information we consider necessary, including carrying out searches with credit reference agencies within the Channel Islands.
5.7 Self-Generated Data
We may also generate data in relation to you in the course of performing your orders and dealing with any payments, enquiries and problems concerning your orders.
6. WHAT DATA DO WE HOLD?
In order for us to provide the best possible level of service, we gather and hold the following types of information in relation to you:-
6.1 Contact Information
Contact details relating to you, including your postal, invoicing, and delivery addresses, your telephone, mobile, and fax numbers, and your e-mail addresses. If a business account is registered (where you are not a consumer), we will also keep on record details of the business or other organisation, including name and contact details of the business, and contact details of its representatives.
6.2 Payment Information
Information relating to your payment methods and payments made, including your credit or debit card information and payment history and any credit check information. Note that we only retain your card information for a limited period of time, to process the specific order in which you provided that information, and make any refunds.
6.4 Order Information
We generate and hold information specific to your orders with us, including a record of those orders (your purchase history), payments made, order tracking, fulfilment, delivery, returns and refunds.
6.5 Web Site Usage Information
We may record your usage of our website, including the products you browse and pages you visit.
7. WHAT DO WE USE YOUR DATA FOR?
7.1 Customer Relationship Management
Your data is used to provide you with personalised services and to correspond with you. We use it to support and manage your customer relationship with PBS Group, including to maintain your account, inform you of changes and general news in relation to PBS Group, and deal with your enquiries and complaints.
7.2 Searches and Assessment
We use your data to help us decide whether to accept orders from you, trace you, verify your ID and address, and (where applicable) to allow you payment credit terms. We may use a credit scoring or other automated decision-making system.
7.3 Performing Contracts
We use your data for the purposes of performing, administering, enforcing and managing your orders and their subsequent fulfilment, maintaining a purchase history, and handling any complaints or claims.
7.4 Evidence, Security, Quality, Fraud Prevention and Training
We use your data along with other data we hold for the purposes of evidence, security and quality control.
7.5 Business and Service Improvement
We use your data along with other data we hold, to carry out assessment, analysis and research in relation to our business, products, services, websites and customers, including: to assist in the provision of services and products to you; to facilitate reviews, developments, personalisation and improvements of the services and products offered to you; to improve our websites, including to improve the layout and design of our site, and to ensure that that content from our website is presented in the most effective manner for you and for your computer; and to enhance your user, browsing and purchasing experience, including to provide you with a more personalised service which is tailored to suit your needs. The information we gather is analysed either in the aggregate or at a customer level as appropriate.
We use your data along with other data we hold for the purposes of assessing the effectiveness of and managing advertising by us.
7.7 Marketing (Individuals, Partnerships and Unincorporated Associations)
With respect to personal data and individual subscriber data, if you have consented, we may use your data to send marketing communications to you from time to time with advertisements, offers and promotions relating to PBS Group and the products and services we offer for sale (including our regular email newsletter service, which brings to you details of special offers and product promotions as well as information on new products). You are free to opt-out of our newsletter and other marketing communications at any time by contacting us, or changing any settings in your account on our website, or using any unsubscribe link in any marketing e-mail we send to you.
We may use your data for the purposes of enforcing any orders from you, and for the purposes of dealing with fraud and complying with any legal obligations applicable to us.
8. WHO DO WE DISCLOSE YOUR DATA TO?
We do not share your data with any third parties except as provided in this policy or as required or permitted by law or as consented to by you. Where we share your data with third parties, such sharing will be limited to such data as is appropriate to the purpose indicated below.
8.2 Order Performance
We disclose your data to third parties such as credit and debit card processing companies, outside suppliers, distributors and delivery companies, in order to perform your orders, collect payment, deal with returns, and provide you with a service, or send any communications to you.
Where required we disclose your data to credit reference agencies within the Channel Islands in connection with any searches, enquiries, references and other information we wish to obtain, to help us decide whether to accept orders from you, trace you, verify your ID and address, and (where applicable) allow you payment credit terms.
8.4 Security, Quality Control
In order to improve security and quality control, we may disclose your data to our staff and to third parties providing services to us in that regard.
With respect to personal data and individual subscriber data, we will not share that data with third parties for use in direct marketing.
9. DATA SECURITY
9.1 Security Measures
We are firmly committed to data security and we aim to follow good industry practice in relation to the prevention of unauthorised access to your data stored in our systems, including using password-protected servers.
9.2 Internet Security
Please note that the transmission of information via the internet can never be completely secure. Although we aim to follow good industry practice in relation to the security measures we adopt on our website for the encryption of data for transmission between our website and your computer, we do not guarantee the effectiveness of such encryption methods or the security of your data during transmission or on your computer.
10. WHERE WE STORE DATA ABOUT YOU
Your personal data, is transferred to, and stored on the PBS Group Order Operating Systems.
11. RIGHTS OF INDIVIDUALS
By law individuals have the following rights in relation to their personal data under The Data Protection (Jersey) Law 2005 or The Data Protection (Bailliwick of Guernsey) Law 2001. If you wish to exercise any of these rights, then please contact us using the contact information set out above.
11.1 Access to Your Data
The law gives you a right to be told what personal data we hold about you, subject to certain limitations. We may charge you a fee of £10 towards our costs in dealing with your request.
11.2 Stopping Marketing
If we are sending you marketing communications using your data, the law gives you a right to ask us to stop doing this.
11.3 Damage and Distress
Subject to certain exceptions set out in the law, the law gives you a right to ask us to stop using your data at all or for a particular purpose or in a particular way. Where that purpose is causing you unwarranted substantial damage or distress; and the law gives you a right to claim compensation for damage suffered if we breach the law.
11.4 Changes to Your Information
You have the right to ask for the rectification, erasure or blocking of any of your data which is inaccurate.
12. VISITING THIRD PARTY WEBSITES
Our website may, from time to time, contain links to and from the websites of third parties, including our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy and cookies policies and that we do not accept any responsibility or liability for these policies or for any data which those websites may obtain from or in relation to you. Please check these policies before you submit any data to these websites.
14. LEGAL STATUS OF THIS POLICY
This document is not intended to and does not create any contractual rights. This document does not affect your rights at law, including under The Data Protection (Jersey) Law 2005 or The Data Protection (Bailliwick of Guernsey) Law 2001 and the Privacy and The Electronic Communications (Jersey) Law 2000.