General Legal Information
Please read all pages within this section of the website carefully as they affect your rights and liabilities under the law and set out the terms under which The Donington Metal Rock Clothing Shop makes information and items available to you.
All users of this website must:
- Read through all these terms and conditions carefully before using this website.
- Print a copy for future reference.
- Also read our Data Protection Policy regarding your personal information.
Website Usage Policy
- The term ‘Donington Metal Rock Clothing Shop’ or ‘DMRCShop’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 25 Garden Crescent Castle Donington, Derbyshire DE74 2PL. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Donington Metal Rock Clothing’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
- The information contained in this website is for general information purposes only. The information is provided by The Donington Metal Rock Clothing Shop and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. The Donington Metal Rock Clothing Shop will not be liable, in contract, tort (including, without limitation, negligence), pre- contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
- The Donington Metal Rock Clothing Shop’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for any product(s) in respect of one incident or series of incidents attributable to the same clause
- We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
- Through this website you are able to link to other websites which are not under the control of The Donington Metal Rock Clothing Shop. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the website up and running smoothly. However, The Donington Metal Rock Clothing Shop takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control
- This website and its content is copyright of Donington Metal Rock Clothing – © DMRCshop 2015.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non- commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
1.0 OUR CORE BELIEFS REGARDING USER PRIVACY AND DATA PROTECTION
- User privacy and data protection are human rights
- We have a duty of care to the people within our data
- Data is a liability, it should only be collected and processed when absolutely necessary
- We do not spam or support the practice
- We will never sell, rent or otherwise distribute or make public your personal information
2.0 RELEVANT LEGISLATION
Along with our business and internal computer systems, this website is designed to comply with the following national and international legislation with regards to data protection and user privacy:
- UK Data Protection Act 1988 (DPA)
- EU Data Protection Directive 1995 (DPD)
- EU General Data Protection Regulation 2018 (GDPR)
- Australian Privacy Act 1988 (APA)
This site’s compliance with the above legislation, all of which are stringent in nature, means that this site is likely compliant with the data protection and user privacy legislation set out by many other countries and territories as well. If you are unsure about whether this site is compliant with your own country of residences’ specific data protection and user privacy legislation you should contact our data protection officer (details of whom can be found in section 9.0) for clarification.
3.0 PERSONAL INFORMATION THAT THIS WEBSITE COLLECTS AND WHY WE COLLECT IT
This website collects and uses personal information for the following reasons:
3.1 Site visitation tracking
Like most websites, Google Web Analytics (GWA) https://www.google.com/analytics/ to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the website.
Although GWA records data such as your geographical location, device, internet browser and operating system, none of this information personally identifies you to us. GWA also records your computer’s IP address which could be used to personally identify you but Google do not grant us access to this. We consider GWA to be a third party data processor (see Section 6.0 below).
3.2 Our blog
Should you choose to add a comment to any posts that we have published, the name and email address you enter with your comment will be saved to this website’s database, along with your computer’s IP address and the time and date that you submitted the comment. This information is only used to identify you as a contributor to the comment section of the respective blog post and is not passed on to any of the third party data processors detailed in Section 6.0. Only your name will be shown on the public-facing website although if the supplied email address is linked to a Gravatar account, your Gravatar photo will also be displayed.
Your comment and it’s associated personal data will remain on this site until we see fit to either 1.) remove the comment or 2.) remove the blog post. Should you wish to have the comment and it’s associated personal data deleted, please email the DPO using the email address that you commented from.
If you are under 16 years of age you MUST obtain parental consent before posting a comment on our blog.
NOTE: You should avoid entering personally identifiable information to the actual comment field of any blog post comments that you submit on this website.
3.3 Contact forms and email links
Should you choose to contact us using the contact form on our Contact us page or an email link, none of the data that you supply will be stored by this website or passed to / be processed by any of the third party data processors defined in Section 6.0. Instead, the data will be collated into an email and sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (sometimes known as SSL) meaning that the email content is encrypted using SHA-2, 256-bit cryptography before being sent across the internet. The email content is then decrypted by our local computers and devices.
3.4 Email newsletter
If you choose to join our email newsletter, the email address that you submit to us will be forwarded to MailChimp who provide us with email marketing services. We consider MailChimp to be a third party data processor (see section 6.0 below). The email address that you submit will not be stored within this website’s own database or in any of our internal computer systems.
Your email address will remain within MailChimp’s database for as long as we continue to use MailChimp’s services for email marketing or until you specifically request removal from the list. You can do this by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us using the email account that is subscribed to the mailing list.
If you are under 16 years of age you MUST obtain parental consent before joining our email newsletter.
While your email address remains within the MailChimp database, you will receive periodic (approximately weekly) newsletter-style emails from us.
4.0 HOW WE STORE YOUR PERSONAL INFORMATION
4.1 Blog/Post Comments
As detailed in section 3.2 above, if you submit a comment to a blog post published on this website some personal information will be stored in this website’s database. This is currently the only occasion where personal data will be stored on this website. This data is currently stored in an identifiable fashion; a limitation of the content management system that this website is built on (WordPress). In the near future, we aim to change the storage of this data to a pseudonymous fashion meaning that the data would require additional processing using a separately stored ‘key’ before it could be used to identify an individual.
Pseudonymisation is a recent requirement of the GDPR which many web application developers are currently working to fully implement. We are committed to keeping it as a high priority and will implement it on this website as soon as we are able to.
4.2 Other Submitted Data
Data submitted to us for processing other than defined in Section 4.1 will be securely retained within our Gsuite system provided by Google. All data within this system is subject to additional password protection, encryption and 2-factor authentication. We retain only the basic data required to deliver our services to you. This is typically Name, Address, Email address, Subscription start/end details and contact opt-in details. Opt-in is not infinite, We will seek a further Opt-in decision from you every three years.
4.3 Opt-Out List
We also maintain a list of people who have opted out of receiving communications from our organisation. Should you attempt to opt-in having opted out previously we will contact you to confirm this decision and for your approval to remove you from the opt-out list. All mailings will be screened against our opt-out list.
4.4 Right to be forgotten
We fully support your right to be forgotten which can be applied by writing to our Data Protection Officer at Section 9.0 giving your identifying details and requesting removal of all material from our data systems. Our DPO will conduct a full sweep of all systems and remove your personal data, this includes our opt-out lists. Once complete the DPO will advise you of this action.
5.0 ABOUT THIS WEBSITE’S SERVER
This website is hosted on a server provided and managed by Hostpapa. Details of Hostpapa can be found in Section 6.2
6.0 OUR THIRD PARTY DATA PROCESSORS
We use a number of third parties to process personal data on our behalf. These third parties have been carefully chosen and all of them comply with the legislation set out in Section 2.0.
6.1 Google Inc.
Google G Suite is the primary host of BH Associates data storage facility, Google Inc has appointed external Data Protection Officer in accordance with the EU GDPR and the (BDSG Article 4f Para. 1). This person ensures compliance with the act and other provisions relating to data protection and handles tasks in accordance with this legislation.
Data Protection Officer
1600 Amphitheatre Parkway,
DMRC Shop utilise Hostpapa to manage website presence. Some websites may capture details of your customers especially if Woocommerce is used for shop management.
Hostpapa is working toward compliance with the EU GDPR and in the interim here are their terms and conditions of service and their privacy code.
7.0 DATA BREACHES
We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
8.0 DATA CONTROLLER
The data controller of this website is: Donington MetalRock Clothing, a UK Private partnership organisation whose registered is:
25 Garden Crescent
9.0 DATA PROTECTION OFFICER
Partner, Donington MetalRock Clothing.
Telephone: 01332 853165
10.0 ICO INDEPENDENT ADVICE
For independent advice about data protection, privacy and data-sharing issues, you can contact the Information Commissioner at:
11.1 Change Log
Donington MetalRock Clothing
Terms and Conditions for the sale of goods
1. Ownership and Contact.
1.1 This website www.dmrcshop.com is owned and operated by Donington MetalRock Clothing. Our primary contact is via email at firstname.lastname@example.org You can also contact us at the address at the foot of these Terms and Conditions
2. Make a contract with us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an email to confirm that we have received your order.
2.2 Once we have reviewed your order we will email you again to confirm that we accept your order, and that a contract has been made between us.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an email confirming acceptance of your order, and there will be no contract between us.
2.4 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.7 This contract is covered by English law.
3. How to place order
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. If you have any questions or special requirements not covered by our automated ordering system please contact us direct at email@example.com
3.2 Carriage charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard or Delta/Connect. Using the secure Paypal system. You can also pay by Bank Transfer.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds inclusive of all charges and taxes.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.8 Once your order is complete we will notify you of the dispatch date.
4. Delivery & Carriage Charges
4.1 Goods will normally be dispatched from our warehouse within 11-14 working days and any estimated dispatch date is a an estimate, which can change without notice.
4.2 We will normally deliver goods within 2-3 working days of dispatch.
4.3 Your order may arrive in more than one delivery.
4.4 We deliver goods anywhere in the united kingdom and to the rest of the world. You will select your country during the checkout process and shipping charges will be calculated and displayed accordingly. We reserve the right to restrict supply of goods to any non-EU country either due to UK sanctions or fraud prevention measures.
4.5 We will deliver the goods to the address you specify on your order. You should be at home to accept delivery of your order.
4.6 We will not accept responsibility for loss or damage if you instruct the delivery agent to leave the goods unattended, or redirect to an address where you do not personally receive the goods..
4.7 Disposal of packing materials is your responsibility., Please retain I the first instance should you need to return the goods to us.
4.8 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to our warehouse and we reserve the right to charge you an additional re-delivery charge.
4.9 You can not change the delivery address once the goods have been dispatched, it is your responsibility to arrange to receive the goods at the agreed delivery address.
4.10 Please check the goods on delivery – any goods found to be missing or damaged should be notified within 24 hours of receipt by email to firstname.lastname@example.org
4.11 If the goods are lost or damaged in transit, please let us know promptly.
4.12 You should tell us about any special delivery requirements or conditions when you place your order. If you have any doubt regarding delivery or requirements please contact us in the first instance and we will endeavour to agree special terms with you.
4.13 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.14 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
4.15 Additional shipping charges may apply if you mix products but our automated system will try and calculate the best shipping charge for your order. If you are not happy with the charges quoted please contact email@example.com for clarification, before proceeding with the order .
5. Cancellation and returns
5.1 This policy (5) only applies to transactions within the UK. If does not apply to goods ordered by businesses which are exempt form the Distance Selling Regulations, or the following goods which are exempt from the right to cancel: Any items which have been personalized or modified to your specification, or requirements outside of the options listed on our website.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please email, write to us. We are unable to accept cancellations by phone.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 14 days, however you may not return any goods that have been worn unless they are faulty.
5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.7 We will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.
5.8 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
6. Faulty Goods / Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
6.2 All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
6.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
6.5 The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
6.6 Clothing should be cleaned in accordance with manufacturers instructions, incorrect cleaning may invalidate any warranty or guarantee.
6.7 If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
6.8 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.
6.9 We are unable to guarantee and exact colour match with the images on our website but where possible all images are of one of the actual garments being sold.
7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses.
8. Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
8.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director or our company. We reserve the right to make cancellation and/or re-stocking charges.
8.2 Claims for missing or damaged items must be made within 2 days of delivery.
9. Law and Jurisdiction
9.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
10. Proprietors of DMRCShop.com and Donington MetalRock Clothing
B.W. & D.K. Bexon
25 Garden Cresent
tel: 07906 832522 or 01332 853165