Terms & Conditions
These terms and conditions (together with the documents (such as the Order Confirmation) referred to in it) tells you the terms and conditions on which we supply any of the Goods or services linked to buying the Goods listed on our website to you in-store and online. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods. You should understand that by ordering, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of the Liability clause (clause 10) and the Force Majeure clause (clause 12).
We intend to reply upon these terms and conditions and any documents (such as the Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.brownsforbeds.co.uk. Our company name is Browns for Beds Limited, a company registered in Scotland under company number SC604133 and with our registered office at 1 Davies Row, Denny, Falkirk, FK6 6FA.
2. YOUR STATUS
By placing an order in-store or online, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy Goods and services linked to buying the Goods (“Order”). All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by providing you with a receipt and order confirmation (“Order Confirmation”). The contract between us will only be formed when we give you our Order Confirmation.
3.2 We shall assign a receipt number to the Order and inform you of it in the Order Confirmation. Please quote the receipt number in all subsequent correspondence with us relating to the Order.
3.3 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4.1 Should you wish to cancel and/or amend your order you should contact firstname.lastname@example.org, visit us in-store or call 01324 270039. This provision does not affect your other statutory rights as a consumer. Advice about your legal rights is available from your local Citizen Advice Bureau or trading standards office.
4.2 Subject to clause 4.8 you can cancel your order by notifying us in writing at anytime from placing the Order up to the delivery date provided.
4.3 Should you cancel your Order in accordance with the provisions of clauses 4.6 once it has been delivered, we will collect such Goods.
4.4 We will charge a collection cost for the Goods that we collect under the provisions of clause 4.3 above. The collection cost will depend on the nature of the Goods and where and when it is to be collected from. This cost will be notified to you in advance. In any event the Goods will remain your responsibility until we collect the Goods. You should also be aware of the following obligation:
Any collection will be from the delivery address unless we agree otherwise, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection the access to the Goods is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not collect the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. If any original packaging has been left with you please return the Goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit;
4.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost.
4.6 If you wish to return the Goods purchased to us:
(a) because you have cancelled the Contract between us in accordance with the provisions of clause 4.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, and any applicable delivery charges, although for the avoidance of doubt we shall be entitled to offset and retain any collection charges we may incur in collecting the Goods.
(b) because the Goods are faulty upon delivery, within 30 days from delivery we will verify the fault and where agreed will replace or at your request refund the Goods and any applicable delivery charges. Refunded Goods will be collected at our expense.
(c) because you consider the Goods are faulty within 6 months from delivery, we will discuss the issue with yourselves and, if necessary examine the Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair/replace the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail or phone within a reasonable period of time. We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
(d) because you consider the Goods are faulty more than 6 months from delivery, we will discuss the issue with yourselves and, if necessary examine the Goods. Should you be able to prove the Goods were faulty upon delivery we would reserve the right to discuss with you whether it would be more appropriate to repair/replace the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail or phone within a reasonable period of time. We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you. Should we not agree that a fault was present from the date of delivery, we will not repair/replace/refund the Goods.
(e) because you have changed your mind, provided the Goods ordered are returned in their original, unopened condition within 14 days from the date of delivery, a full refund shall be issued to the original method of payment where possible. Items opened or returned outside this 14 day period will not be refunded.
4.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.8 The provisions of clause 4.2 will not apply to any Goods which:
(a) are bespoke and handmade to your specification. Please note that the majority of our Goods are non-stock items. To reiterate, please be aware that for Goods that are bespoke and handmade to your specification you will not have a right to cancel or return the Goods once delivered unless the Goods are faulty so please carefully consider your decision to place your Order before doing so;
(c) any Goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack wardrobes).
5. THE GOODS
5.1 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
5.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
5.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.
6. PRODUCT SPECIFICATION
6.1 Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.
6.2 Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.
6.3 Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product.
6.4 Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
7.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order and confirmed by us in the Order Confirmation. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Confirmation then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.
7.2 We will contact you where applicable to arrange delivery and to ensure that full payment has been made prior to your Order being delivered (where applicable). We will offer you a delivery day and time where possible. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.
7.3 Goods will be delivered to addresses within 20 miles of the store address only. Unless ordering products from our website where national delivery is available, where we deliver to any address in mainland Britain.
7.4 As a small independent retailer we are focussed on the Falkirk and Stirling areas. As such we offer a delivery service for all products to addresses within a 20 mile radius of the store.
Online Orders: For online orders of products available for purchase and delivery across Scotland, England and Wales, the delivery or shipping cost is noted against each product and confirmed during checkout. In addition, the availability information is also shown individually for each product, giving you a clear indication of the lead time to expect for delivery and completion of your order. Such orders are processed by the manufacturer directly and delivered to your specified delivery address.
As a small independent retailer we are focussed on the Falkirk and Stirling areas. As such we offer a delivery service for all products to addresses within a 20 mile radius of the store.
For online orders of products available for purchase and delivery across Scotland, England and Wales, the delivery or shipping cost is noted against each product and confirmed during checkout. In addition, the availability information is also shown individually for each product, giving you a clear indication of the lead time to expect for delivery and completion of your order. Such orders are processed by the manufacturer directly and delivered to your specified delivery address.
-FREE Local Delivery - On ALL orders over £800 inc VAT placed in-store for delivery within a 20 mile radius of the store. Includes delivery of your new bed/mattress/furniture to your door. Please allow 7-28 working days for delivery, most products are manufactured to order. All delivery charges and delivery details will be confirmed with you prior to purchase. A charge of £30 will be added for delivery for all in-store orders under £800 inc VAT.
Assembly Service (In-Store Orders Only)
Assembly charges differ from product to product due to variances in complexity. Available on all in-store orders for delivery within 20 miles of the store address.
Single divan bed - £15 | Small double, double, king and super king - £25
Single bed frame - £40 | Small double, double, king and super king - £50
Single bed with ottoman storage - £40 | Small double, double, king and super king - £60
Adjustable and TV beds - £99
Bunk beds, Midsleepers, and Highsleepers - £99
7.6 Delivery of the Order shall be completed when we deliver the Goods to you.
7.7 We do not hold or store Goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a) We will store the Goods until delivery takes place and may charge you a reasonable sum currently £25 per week to cover expenses
Any such charges must be cleared before delivery will take place.
7.8 Clause 7.7 will not apply where the Goods are available before the delivery date detailed in the Order Confirmation or as agreed with you where you have stipulated a “not before date” on your Order, and which has been confirmed on the Order Confirmation.
7.9 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
7.10 We recommend that you do not dispose of your existing bed until the new one has been delivered.
7.11 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
7.12 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving license or passport) are available on the day and the point of delivery to sign for the Goods.
7.13 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
7.14 Goods intended to be assembled by you will not be unpacked at the point of delivery.
7.15 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
8. TITLE AND RISK
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. PRICE AND PAYMENT
9.1 We will require payment in full of the value of the Order inclusive of VAT and any delivery costs at the time the Order is made.
9.2 The price of the Goods will be as quoted on our site from time to time. The delivery charge will be as set out in clause 7.4 above.
9.3 The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.4 The prices of Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out in clause 9.4, will not affect orders in respect of which we have already sent you an Order Confirmation.
9.5 Payment for all Goods must be made in-store by credit, debit card, cash or finance.
9.6 All prices as shown on our website and in-store are our current prices. From time to time we may release marketing communications ie leaflets which show pricing. Should a price shown on a marketing communication change after publication, the current price will be chargeable.
10. OUR LIABILITY
10.1 Subject to clause 10.2 and clause 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity. Should you wish to place an order for business use please contact us at email@example.com.
10.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Chapter 2 of The Consumer Rights Act 2015;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
11. DATA PROTECTION
11.1 We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.
11.2 Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
11.3 Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under the guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.
11.4 If you so choose, your personal data can also be used to enable us, or certain carefully selected third parties to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
15. PRICE PROMISE
15.1 We believe our pricing to be competitive however should you find the same product (Make and Model) in stock in another local bricks and mortar retailer (30 mile radius from our store) within 7 days of purchase we will refund the difference. We do not price match web-only retailers like Amazon and on-line market places such as eBay.
All notices given by you to us must be given to Browns for Beds Limited at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
17.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 These terms and conditions shall be governed by Scots law and we both agree to the non-exclusive jurisdiction of the Scottish courts.
18. ALTERNATIVE DISPUTE RESOLUTION
18.1 If you are not entirely happy with your purchase please contact us in writing to Browns for Beds, 1 Davies Row, Denny, Falkirk, FK6 6FA. We will try to resolve any issues that you have as quickly as possible and if necessary, we will explain how to follow our complaints procedure.
18.2 If you remain unhappy with our final response, you may be entitled to refer your complaint to Alternative Dispute Resolution for Retail. To find out more about Retail ADR and how you might be able to use their free dispute resolution service visit https://www.retailadr.org.uk.
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information.
1.5 In this policy, "we", "us" and "our" refers to Browns for Beds Limited. For more information about us, see Section 13.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data ("account data"). The account data may include your name, address, telephone number and email address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include credit/debit card details. The source of the service data is your card details once processed. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.6 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
3.8 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
3.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
3.11 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely [the proper administration of our website and business and communications with users.
3.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.13 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.14 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process [any of your personal data] where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.15 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. You can request a list of these companies where required.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose your name, address, telephone number and email address to our suppliers or subcontractors insofar as reasonably necessary for delivery purposes.
4.4 Financial transactions relating to our website and services (where applicable) are handled by our payment services providers, Squareup International Ltd and PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at squareup.com and paypal.com.
4.5 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the UK.
5.2 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) personal data category or categories will be retained for a minimum period of 1 year, and for a maximum period of 5 years.
6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data category will be determined based on business need and the protection of your consumer rights eg. Receipt details will be retained for an indefinite period to aid returns at later dates.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of changes to this policy by email.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data held by us upon request.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the place of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
11. Cookies used by our service providers
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Browns for Beds Limited.
13.2 We are registered in Scotland under registration number SC604133 and our registered office is at 1 Davies Row, Denny, Falkirk, FK6 6FA.
13.3 Our principal place of business is at 1 Davies Row, Denny, Falkirk, FK6 6FA.
13.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website or;
(d) by email, using the email address published on our website.
14. Data protection officer
14.1 Our data protection officer's contact details are: Alasdair Brown, Browns for Beds Limited, email@example.com.