Terms & Conditions - Order Fulfilment Experts

ORDER FULFILMENT EXPERTS LIMITED STANDARD TERMS & CONDITIONS OF SERVICE v.1.0 (Effective as of 20.06.12)

These OFEX ST&Cs are effective as of the date set out above and may be varied by Supplier on seven (7) days notice to Buyer. These OFEX ST&Cs exclusively govern any Quote issued by Supplier to Buyer which, when accepted by Buyer in accordance with its provisions, shall have effect subject exclusively to these OFEX ST&Cs and no others.

1 DEFINITIONS

1.1 “Agreement” means collectively: (i) Quotes provided by the Supplier that have been accepted by the Buyer in the form provided by the Supplier and sent to Buyer for acceptance which the Buyer has accepted in writing; and (ii) these OFEX ST&Cs;

1.2 “Buyer” means the individual or organisation that buys or agrees to buy the Services from the Supplier;

1.3 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.4 “Expenses” means Supplier’s charges for disbursements paid on behalf of Buyer in performance of the Services (by way of non-exhaustive illustration: postage, courier fees etc);

1.5 “Fees” means collectively the Expenses Premiums, Rates and Storage and any other amounts which the Buyer shall be entitled to charge under the Agreement;

1.45 “OFEX ST&Cs” means collectively these terms and conditions for the provision of Services together with any Special Terms and Conditions”;

1.6 “Postal Account” includes any Royal Mail or private courier account of the Buyer or Supplier, used to process postage or delivery;

1.7 “Product” means the products manufactured by and/or sold by the Buyer, for which the buyer may require the Services;

1.8 “Quote” means the quote for services to be provided along with the applicable prices quoted for the performance of those services.

1.59 “Rates” means Supplier’s labour charges for performance disbursements of fulfilment services;

1.10 “Services” means only the services to be provided by the Supplier under the Agreement as described in a Quote accepted by the Buyer and not any other services.

1.11 “Special Terms and Conditions” means terms and conditions applicable to the provision of the Services which are agreed in writing by the Buyer and Supplier and expressly stated to be in addition to these ST&Cs;

1.12 “Storage” Supplier’s charges for warehouse storage of Buyer’s Products and other materials;

1.13“Supplier” means Order Fulfilment Experts Ltd of Unit A2, Upper Nashenden Farm, Stoney Lane, Rochester Kent, ME1 3QJ, United Kingdom, (trading as ‘OFEX’);

1.14 “Premiums” means Supplier’s charges for Insurance coverage in respect of Buyers Products and other materials;

1.5 “Website” means orderfulfilmentexperts.co.uk

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights when buying as a Consumer.

2.2 These OFEX ST&Cs shall apply to all Quotes and the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Any variation to these Terms and Conditions other than by means of Special Terms and Conditions) shall be inapplicable unless agreed in writing by the Supplier.

2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.10.

2.5 Any Special Terms and Conditions shall be added to the Agreement as a Schedule to these OFEX ST&Cs.

2.6 The parties intend that no term of the contract made by this Agreement may be enforced by any person who is not a party to it. The Parties reserve the right to agree or rescind or vary this Agreement without the consent of any other person. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall be and hereby are excluded.

3 ORDERING

3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services on the terms of the applicable Quote and pursuant to these OFEX ST&Cs are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 Subject to clause 5.3, once an order has been accepted by the Supplier, either party may terminate the Contract (as regards some or all of the Services) at any time for any reason by giving properly addressed written notice to the other. If the Buyer cancels during their first month the service will terminate at the end of that month subject to receipt by Supplier of proper written notice; or if the Buyer cancels after their first month, the Service will terminate at the end of the month following the month in which such notice was properly given. Any payment due remains payable. Should notice be given part way through a billing period, notice is deemed to start from the Buyer’s next invoice. Should the account be terminated by the Buyer, account information will be required for account security purposes. After the end of the paid-for period, the Buyer will have no further access to the account and all data relating to the Buyer may be irretrievably deleted within one month.

4 PRICE AND PAYMENT

4.1 The price of the Services shall be that stipulated on the Quote, and is customised to the Buyer’s needs. The price is exclusive of VAT.

4.2 Payment of the price plus VAT must be made fortnightly by BACS transfer. Payment must be made without deduction or set-off.

4.3 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received; unless in the case of a genuine query.

4.4 Where applicable, the Supplier reserves the right to charge interest daily on overdue invoices from the date when payment becomes due until the date of payment at a rate of 6% per annum.

4.5 The Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of the Supplier’s choosing.

4.6 Refunds are available solely at the discretion of the Supplier.

5 PERFORMANCE

5.1 The Supplier shall begin to perform the Services within 1 business day of receiving the order, unless requested otherwise by the Buyer.

5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

5.3 The Services are subject to an initial contract period of one month and shall continue thereafter on a rolling three month contract unless and until terminated in accordance with clauses 3.2 & 5.4.

5.4 The Buyer may not use the Supplier’s service in connection with or for the purposes of any illegal or immoral activity.

5.5 Where the Supplier is required to administer the Buyer’s postal account, the Buyer will provide all relevant access, including passwords and login details, for the administration of that account.

5.6 If the postage is administered via the Supplier’s own postal account, the Buyer agrees to either pay the postage in advance or within 14 day terms as agreed with the Supplier in writing (and in default of such agreement, in advance). Postage is always subject to VAT.

5.7 If the Supplier is required to directly download orders from the Buyers web-site, the Buyer shall provide access including relevant passwords and login information. The Supplier will not be held responsible for difficulties or failure arising out of or in connection with accessing the Buyer’s web-site.

5.8 The Buyer agrees to email the Supplier details of any orders received on a day to day basis. Such details will be provided in an easily comprehensible, mutually agreed format that facilitates simple reconciliation and that is suitable for the creation of picking lists, dispatch notes or address labels. The prices set out in the Quote are dependent on the Buyer’s strict compliance with this clause 5.8 in the absence of which the Supplier shall be entitled to increase the Prices by a reasonable amount or terminate the Agreement with immediate effect by written notice or suspend performance of its obligations under the Agreement with immediate effect pending resolution of the discrepancy to its reasonable satisfaction.

5.9 The Buyer will notify the Supplier of delivery of product and ensure new deliveries, together with existing stocked product, are sufficient to enable the Supplier to fulfil any orders.

5.10 The Supplier will pick, pack, label and dispatch all orders received before 13.00hrs the same day. Unless by special arrangement, agreed in writing, any orders received after 13.00hrs will be sent the following working day. Working days are Monday to Friday between the hours of 08.30hrs and 16.30hrs and exclude week-ends and public holidays. The prices set out in the Quote are dependent on Buyer’s products strictly conforming to their original description and are based on the Supplier’s initial understanding of the Buyer’s description of its fulfilment requirements. In the event of any non-conformity with or deviation from those descriptions the Supplier shall be entitled to increase the Prices by a reasonable amount or terminate the Agreement with immediate effect by written notice or suspend performance of its obligations under the Agreement with immediate effect pending resolution of the discrepancy to its reasonable satisfaction.

5.11 The Buyer undertakes to insure all products during transit to the Supplier and during storage on the Supplier’s premises. The Buyer shall promptly notify the Supplier of the insurable value of its initial delivery of Products and shall keep the Supplier informed on a timely basis of all changes to such value. In the event of any insured risk occuring the maximum value of any claim which may be made in respect of Buyer’s Products shall be the amount last notified to the Supplier in writing during the subsistence of the Agreement.

5.12 As part of the Services, Supplier provides telephone, email, instant messenging and in-person support to respond to Buyer’s queries. The Supplier’s charges include the provision of such Support based on reasonable useage by Buyer. Supplier reserves the right to increase additional charges for such support and/or to respond selectively to Buyer(as it sees fit acting in its sole discretion) in the event that in Supplier’s reasonable opinion Buyer’s use of such support services is unreasonable or excessive.

5.13 Minimum Rack Charge

The Buyer agrees to a minimum monthly charge of £200 per rack. If the Buyer’s total monthly invoice, including all services related to each rack, is less than £200 per rack, a surcharge will be applied to meet this minimum. For example, if a rack costs £60 per month and the Buyer incurs an additional £100 in related services, a £40 surcharge will be added to reach the £200 minimum. This charge will be averaged across the entire account. For instance, a Buyer with 50 racks must incur a minimum total spend of £10,000 per month. Any surcharge will be applied at the end of the calendar month, with invoicing continuing on a fortnightly or semi-monthly basis as per the Agreement.

5.14 B2C and B2B Order Dispatch

For B2C (Business to Consumer) orders, the Supplier will aim to pick, pack, and dispatch all orders received by 1pm on the same working day, as stated in clause 5.10.

For B2B (Business to Business) orders, the Buyer is required to provide at least two (2) working days’ notice for dispatch, excluding Mondays. For example, to dispatch a B2B order on a Monday, the Supplier must receive the order by 8am on the preceding Thursday. If a B2B order is received on a Friday by 8am, the Supplier will require Friday and the following Tuesday to prepare it for dispatch on Wednesday, as Mondays are excluded from the notice period.

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically review prices.

6.2 The Supplier reserves the right to withdraw the Services at any time.

6.3 The Supplier shall not be liable to anyone for withdrawing the Services or for refusing to process an order.

6.4 The Supplier may assign their rights to a third party after giving 30 days’ notice to the Buyer via their account.

7 CANCELLATION

7.1 If purchasing as a Consumer, the Buyer has the right to cancel the Agreement, by notice in writing, at any time before 14 working days have passed from the day after the Agreement was made.

7.2 If, however, the Supplier starts to perform the Services as set out in the Agreement with the consent of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

7.3 Cancellation must be in accordance with our Standard Terms and Conditions which provide that if you cancel during your first month the service will terminate at the end of that month; or If you cancel after your first month, the service will terminate at the end of the 3rd month following the month in which your notice was given; and subject to both those points, you can cancel your service at any time.

8 TERMINATION
8.1 The Agreement shall terminate automatically if either party suffers the equivalent of any of the following events:

· entering into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation)
· suffering an appointment of a Receiver or an Administrative Receiver
· changing its status from limited to unlimited or vice versa
· making any composition or entering into any arrangement with its creditors
· permitting any execution to be levied on its premises
· if an order is made for the appointment of an administrator to manage the affairs, business and property of the other party or documents are filed with a court of competent jurisdiction for the appointment of an administrator or the other party or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in Para 14 Schedule B1 Insolvency Act 1986).

8.2 The Supplier may terminate or suspend its performance of the Agreement (as regards some or all of its Services) with immediate effect by written notice to the Buyer if: (i) the Buyer is late in any payment obligation; or (ii) is in breach of any term of this Agreement. In any such event, any payment due remains payable and, if already paid, will be non-refundable.

8.3 Consequences; termination of the Contract shall not prejudice any rights of either party, which have arisen on or before the date of termination. On suspension expiry or termination of the Agreement, at Supplier’s request, the Buyer shall at the Buyer’s own cost remove any Product held by the Supplier at a time and in a manner reasonably convenient to the Supplier. If Buyer fails to do so when requested then, despite termination of this Agreement, Supplier shall be entitled to charge Buyer (and Buyer shall pay on receipt of invoice) a reasonable charge for all storage of Buyer’s Products from the date of Agreement termination. It shall be reasonable for Supplier to charge for storage rates not less than those payable during the Agreement, if any. If prior to or following termination of the Agreement, the Supplier shall be owed monies, the provisions clause 15 shall apply.

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Product involved and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever to reputation or profit or other consequential loss alleged to have arisen by reason of such a breach.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

9.3 To the extent permitted by law, the Supplier shall not be liable to the Buyer save as expressly provided for in this Contract and shall have no other obligations, duties or liabilities whatsoever, tort or otherwise, to the Buyer.

9.3a The Supplier will not be responsible for any damages the Buyer’s business may suffer.

9.3b The Supplier makes no warranties of any kind, expressed or implied for the Services provided.

9.3c The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.

9.3d The Supplier is not responsible for any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Supplier and its employees. The Supplier cannot guarantee that the Services will be uninterrupted or error-free, or meet the Buyer’s requirements.

10 WAIVER

10.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

10.2 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Contract shall either be deemed to be a waiver of, or in any way prejudice any right of that party under this Contract.

10.2 Assignment; the Buyer shall not assign this Contract. The Supplier may do so.

10.3 Third Party Rights; for the avoidance of doubt nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.

11 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock-outs, accidents, war, rebellion, the requisitioning or other act or order by any government department or council or constituted body, natural disaster, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations. Neither party will be under any liability to the other in any way whatsoever for failure of the internet or the Buyer’s equipment on the Supplier’s premises.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13 CHANGES TO TERMS AND CONDITIONS

13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

13.2 Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.

13.3 Notification of changes to these Terms and Conditions will be made within the Buyer’s account.

13.4 The Supplier shall be entitled to review the price of the Services provided at any time with notice.

13.5 Review of Prices; on agreement with the Buyer, the Supplier reserves the right to adjust pricing at any time. The Buyer may terminate this Contract within two months of receiving such notice. The Supplier may not seek to increase the prices of the Service before two months have passed from the start date of the Contract nor thereafter, more than once every three months. This shall not apply to third party charges to the Supplier where the increased cost may be passed on to the Buyer immediately.

13.6 All Notices under this Contract shall be in writing and shall be deemed given when personally delivered, when sent by mail or three days after being sent by pre-paid First Class Post to the address of the party to be notified as set forth herein or such other address as last provided to the other by written notice given in accordance with this provision.

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the Laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

15 LIEN

15.1 At any time, Supplier shall be entitled to exercise a lien and be entitled (but not obliged) to retain possession of Products, documents, monies, books and records relating to Buyer and/or its Products until it has been paid all monies due to it (whether Rates, Expenses, Storage or Premiums) even in the cause of such non-payment is a dispute over Supplier’s charges. Supplier may sell anything that is subject to a lien and use the sale proceeds towards payment of the Buyer’s unpaid invoice amounts or other applicable Supplier charges. Also, following termination of the Agreement the Supplier may dispose of the Product by giving it away or disposing of / destroying it acting in its sole discretion.

16 ENTIRE AGREEMENT

16.1 The Agreement, as it may be amended from time to time, completely and exclusively states the entire agreement of the parties regarding its subject matter, and supersedes, and its terms govern, all prior proposals, agreements, or other communications between parties, oral or written, regarding such subject matter and so governs any subsequent orders that are placed by Buyer during this Agreement. The parties hereby expressly acknowledge and agree that if Buyer issues and purchase orders or similar documents it shall do so only for its own internal administrative purposes and not with the intent to provide any contractual terms. By entering into the Agreement, whether prior to or following receipt of Buyer’s purchase order or any similar document, the parties are hereby expressly showing thier intention not to be contractually bound by the contents of any such Buyer purchase order or similar document, which are hereby deemed rejected and extraneous to this Agreement, and Supplier’s performance of this Agreement shall not amount to: (i) an acceptance by conduct of any terms set out or referred to in the purchase order or similar document; (ii) an amendment of this Agreement, nor (iii) an agreement to amend the Agreement. This Agreement shall not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Supplier and Buyer by their duly authorized representatives.

17 MONEY BACK GUARANTEE

17.1 Where the Supplier offers a money-back guarantee, such guarantee shall only apply to products that are correctly barcoded and in respect of Rates (i.e., the cost of labour in fulfilment services) and not any Expenses. Further, it shall be a condition of such guarantee that: (i) the Buyer has not done or said anything to prejudice the Supplier’s ability to rectify any problem otherwise giving rise to such guarantee (e.g., telling recipients of products not intended for them that they may keep them); and (ii) the Supplier is allowed a reasonable opportunity to rectify the applicable problem, including at the Buyer’s expense providing reasonable cooperation and information reasonably requested by the Supplier.

18 ACCOUNTING

18.1 All accounts provided by the Supplier shall be deemed accepted and no longer capable of dispute unless challenged by written notice within three (3) months of their receipt by Buyer. In the event that Buyer requests Supplier to audit or perform a reconciliation of Buyer’s accounts and such audit or reconciliation reveals an error for the period in question of not more than 5% then Buyer shall be liable to pay Supplier an administrative charge equal to 5% of the average monthly Fees charged by Supplier over the immediately preceding 12 months (or such shorter period for which the Agreement has been in existence).

19 NON-SOLICITATION

19.1 During the Agreement and for a period of six (6) months following its expiry or earlier, lawful termination, Buyer shall not solicit nor approach in any way any of Supplier’s employees or contract staff (“Restricted Persons”) with a view to: (i) offering such Restricted Persons, employment; or (ii) soliciting services from them on their own account; or (iii) encouraging them to provide their services to a third party rather than Supplier; or (iv) offering to them the opportunity to perform services colourably similar to the Supplier’s service.

19.2 Recruitment of OFEX Staff. In the event that the Buyer offers an employed role to a current or former OFEX employee following the expiration of the six (6) month non-solicitation period set out in clause 19.1, the Supplier reserves the right to invoice the Buyer an introductory fee equal to twenty-five percent (25%) of the employee’s first-year salary. Such invoice shall be payable in full within seven (7) days of delivery.

20 CONFIDENTIAL INFORMATION

20.1 As used in this Agreement “Confidential Information” shall mean the terms but not the existence of this Agreement and all information disclosed by either party marked confidential or which by its nature is inherently of a confidential or secret or proprietary nature.

20.2 Each party shall keep in strictest confidence all Confidential Information of the other party, and shall not disclose or make use of any such information (save for the sole purpose of performing its obligations under any agreement between the parties) and shall only permit access to Confidential Information of the other party to those of its employees, officers, directors having a need to know, and who are bound by obligations of confidentiality at least as restrictive as those set out in this Agreement.

The obligations of confidence contained in this clause shall continue notwithstanding termination of this Agreement but shall not apply to information that:

(a) is or becomes part of the public domain through no act or omission of the receiving Party;

(b) was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or indirectly from the disclosing party; or

(d) is required to be disclosed pursuant to law or the order of a court or governmental authority.

The provisions of this clause shall survive the termination of this Agreement for a period of five (5) years from its termination or expiration.

21. Conduct Towards OFEX Staff

21.1 The Buyer, its employees, agents, and representatives shall not engage in any form of harassment, whether verbal, physical, or otherwise, towards the Supplier’s staff. Unwelcome physical contact is strictly prohibited. Additionally, loitering in or around the Supplier’s premises for the purpose of engaging with staff outside the normal course of business operations is not permitted.

22. CCTV Monitoring

22.1 Closed-Circuit Television (CCTV) surveillance is in operation both inside and outside the Supplier’s premises for security and compliance purposes. Footage may be reviewed and used as evidence in the event of any misconduct, security incidents, or disputes.

SCHEDULE

Special Conditions:

1. The Supplier acts as an agent when arranging postal & courier services for the Buyer.

2. The Supplier operates a vetting procedure for all services arranged for the Buyer – however the Supplier cannot guarantee the quality of the Services arranged as an agent. The Buyer may need to agree to the terms and conditions of the external supplier in order for the Services to be arranged.

3. The Buyer acknowledges that in order to arrange Services for the Buyer, it may be necessary for the Supplier to provide a third party with the Buyer’s details.

4. The Supplier may contact the Buyer by phone, text, email and post – the Buyer can request that contact via a specific means ceases by contacting the Supplier to request this on 01634 660 231.

5. Telephone messages for the Buyer taken by the Supplier are treated as confidential, however if the Supplier is made the subject of a court order to release information about the Buyer, telephone messages may also be provided without notice to the Buyer.

6. The Supplier’s business hours are 8:30am to 16:30pm, Monday to Friday, except bank holidays.

7. The Buyer may not be able to cancel a task once assistance has been requested from the Supplier as work will commence immediately.

8. Telephone calls to the Supplier may be recorded for quality control and training purposes.

9. The Buyer will notify the Supplier immediately if the security of their account has been compromised or if an authorised person leaves their employment.

10. The Buyer hereby warrants to the Supplier that both parties may lawfully distribute the Product, that no copyright or other intellectual property rights are infringed by the Product and that the Product and any literature distributed with the Product does not defame any person. If the Buyer is in breach of the warranty the Buyer hereby agrees to indemnify the Supplier against all actions, claims, demands, proceedings, legal costs (on an indemnity basis) and other costs incurred by the Supplier as a result of such a breach.

11. The Buyer may not at any time (either during or after contracting with the Supplier) solicit or induce any employee of the Supplier to cease working for the Supplier, regardless of whether or not any such person would thereby commit a breach of Contract. Should the Buyer breach this term, one year’s salary of the employee(s) in question will become payable to the Supplier by the Buyer as a recruitment fee.

12. The Supplier may provide the Buyer with access to C.C.T.V. footage via an I.P. address from time-to-time. The purpose of this will be to allow the Buyer access to view the security of their Product and to gain additional insight into the day-to-day running of the Services relating to it. If the Buyer selects this option on the initial Commitment Form, access will be provided on the understanding that the Buyer will utilise the footage only for the aforementioned purposes and will not share with, or distribute the information to any third parties. The Buyer will be agreeing to adhere strictly to this clause, as any failure to do so may be in breach of the principles of the Data Protection Act and subsequent failure to comply may result in the automatic termination of the Contract, outlined in clause 8.1.

REFUND POLICY

Refunds will be given in accordance with the OFEX ST&Cs and otherwise at the sole discretion of the Supplier.

PRIVACY STATEMENT

1 The Supplier, Order Fulfilment Experts Ltd, is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

2 When you order, we need to know your name, company name, address, telephone number and email address. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.

3 We use your personal information for payment and billing purposes, to update you about new products and services, to improve our services and to conduct research.

4 We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.

5 We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by making a written subject access request to the address in clause 1.5

We may use a technology called “cookies” as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

6 In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.

Third Party Processors

Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

“Digital Marketing Service Providers

We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:

(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io/. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io34