LEGAL & PRIVACY
TERMS & CONDITIONS
1. “The Client” is the person (or persons) who accepts the Quotation (where more than one they are jointly and severally liable)
2. “The Quotation” is set out in our Quotation which details the Goods and Services to be provided to the Client. Quotations are based on current prices and valid for 30 days, thereafter they may be changed without notice to the Client at any time before acceptance.
3. “The Services” are those set out in the Quotation.
4. “The Goods” are any products which are required for the Services and are set out in the Quotation.
5. “FIRST SPARS” is FIRST SPARS LIMITED, company number 12742874 and registered office at American Wharf, Elm Street, Southampton, SO14 5FJC
B PRICE AND PAYMENT:
1. The Price for the Goods and the Services is set out in the Quotation provided to the Client in writing prior to the commencement of the Services. The Price includes delivery of the Goods and Services to the Client’s address as it appears in the Quotation. Additional Fees (such as storage, transport and labour) may be levied if delivery is prevented or delayed by the Client. FIRST SPARS is registered for VAT and this will be added at the prevailing rate from time to time.
2 The Client will pay a non-returnable deposit before commencement of the Services or supply of the Goods and the remainder of the Price, will invoiced on completion of the Services, as detailed in the Quotation.
3. The Price and, where applicable, any expenses, shall be the Fees of FIRST SPARS.
4.1 FIRST SPARS reserves the right at any time prior to delivery of the goods to adjust the Price to take account of any increase in the cost of raw materials, parts, labour and services or any currency fluctuations affecting the cost of imported materials and products.
4.2 When FIRST SPARS gives an estimation or indication of the Price it exercises skill and judgment in doing so. Such estimates are based on the information available at the time and do not include the costs of additional labour, goods or other works found necessary to complete the work or any extension to the work comprised in the estimate.
4.3 FIRST SPARS will inform the Buyer promptly of any proposed increase in estimated Price and will only proceed with the written consent of the Client.
5. FIRST SPARS accept NO retentions from any Fees payable by the Client in any circumstances.
C REARRANGEMENTS AND CANCELLATION OF SERVICES:
1. The Services can only be rearranged or cancelled in writing or by email to email subject to the matters set out in this clause.
2. If FIRST SPARS cancels the Services, Fees for any of the Services paid by the Client in advance will be repaid to the Client within 14 days of cancellation. Any Fees paid for Goods, or Services already purchased and/or delivered will not be refunded. No further refunds, sum or compensation will payable to the Client by FIRST SPARS arising from such cancellation.
3. If the Client seeks to rearrange any Services booked reasonable notice is required in writing or by email. Please note the fees set out in Clause C5 below
4. If the Client seeks to cancel the Goods and/or the Services all Fees for any Goods and/or Services (whether ordered, purchased or delivered at the time of cancellation) shall be payable by the Client in any event.
D RETURNS AND COMPLAINTS - FOR FAULTY GOODS AND SERVICES:
Unless faulty, no RETURNED goods will be accepted by FIRST SPARS unless agreed in writing, and a charge for carriage will apply to any Goods agreed to be returned.
The Client is under a duty to inspect the Goods and the Services provided on delivery or on collection after completion of the Services. The Client will be asked to sign a Completion Statement confirming the inspected quality of the Goods and Services rendered.
FIRST SPARS shall be under no liability for any defects or shortages that would be apparent on careful inspection if a Completion Statement has been signed by the Client and, in any event FIRST SPARS will be under no liability whatsoever for any defect or shortfall if a written complaint is not delivered in writing or by email to EMAIL within 28 days of delivery detailing the alleged defect or shortfall.
In all cases where defects or shortages are complained of by the Client, FIRST SPARS shall be have no liability unless an opportunity to inspect the Goods and Services complained about is provided to FIRST SPARS before the Goods supplied are used by the Client or any alteration or modification to the Goods or Services supplied is made by the Client.
E WARRANTIES AND GUARANTEES:
1. FIRST SPARS will provide 12 months parts and labour warranty on Goods and Services provided.
2. This warranty applies only to Goods and Services delivered in the UK.
3. FIRST SPARS’s obligation under the warranty shall be limited, at its option, to repairing or replacing any part which under normal and proper use and maintenance proves to be defective within 12 months of the original delivery date.
4. The warranty does not cover
Products or parts subject to misuse, abuse, overloading, power surges, alteration, neglect,
Damage, fire, flood, Acts of God or operation outside accepted normal conditions.
Any product or part that has been attended to by a non-authorised installation or service person which in Rigit UK’s opinion may have had an adverse effect of the product or its operational stability.
Any additional damage caused by the delay or failure by the Client to notify FIRST SPARS of an existing defect.
Consequential loss or damage; cost of repairing or replacing other property which is damaged, loss of time, loss of profits, potential profits, loss of goodwill or any other incidental damage of any kind.
Cleaning or general maintenance of the equipment.
Products where the Client has not properly maintained or cleaned the equipment in accordance with the instructions, literature or directions issued by FIRST SPARS or the manufacturer, such as failing to clean the equipment on a regular basis.
5. The warranty may be varied from time to time at the FIRST SPARS’s discretion and without prior notification.
6. This warranty does not affect any other statutory rights or obligations of the Client or FIRST SPARS.
F GENERAL CONDITIONS
Signature of the Quotation supplied, or email instructions to progress with the Goods and Services following receipt of the Quotation by the Client will constitute an acceptance in full of these Terms and Conditions.
Where requested and agreed in writing the Client will allow FIRST SPARS full access to their site for the delivery and maintenance of the Goods and Services.
The Services supplied shall be provided from the date, at a location and for a period of time agreed in writing from time to time. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing and may give rise to additional charges and increases to the Price. No person has authority on behalf of FIRST SPARS to vary terms and conditions except a Director of FIRST SPARS, and then only in writing, signed and dated by the Director.
FIRST SPARS shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, and time is not the essence of the contract.
The Fees will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are re - commenced.
FIRST SPARS reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing by us.
Retention of title: Notwithstanding delivery, any use by the Client, full or partial installation, or/and the passing of risk; property in and title to any Goods shall remain with FIRST SPARS until they have received payment of the full Price of (a) all Goods and/or Services the subject of this contract and (b) all other Goods and / or Services supplied by FIRST SPARS to the Client under any contract whatsoever. Payment of the full Price shall include costs and any interest due for late payment where applied by FIRST SPARS.
If payment is not made, and notwithstanding the Retention of Title provision in the above clause, FIRST SPARS reserves the right to charge an administration fee of £70 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. FIRST SPARS ‘s privacy statement can be viewed on our website.
Unless otherwise agreed in writing, the property, copyright or any other intellectual property rights in any designs or materials produced by FIRST SPARS to deliver the Goods or Services shall remain ours. They may not be copied or used without our written permission.
FIRST SPARS’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
FIRST SPARS will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of FIRST SPARS will not exceed £1,000,000.00 (one million pounds)
Nothing in these Terms will exclude or limit liability for death or serious injury caused by FIRST SPARS's negligence.
FIRST SPARS will not be liable for any loss whatsoever attributable to the failure of the Client (its employees, representatives or agents) for the wrongful use or operation of any Goods provided by FIRST SPARS, whether installed by FIRST SPARS or not.
The Services may be terminated if payment of the Fees is not made in accordance with these terms, or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests FIRST SPARS to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement or suspends its business. Upon termination, the Client shall immediately pay any outstanding sums to FIRST SPARS.
FIRST SPARS shall not be liable for any breach of contract due to force majeure.
Nothing in these terms are intended to create a partnership or joint venture between FIRST SPARS and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
These terms and any dispute arising from them shall be governed by the laws of England and Wales.
Here at FIRST SPARS we are sensitive to privacy issues on the Internet. We believe that it is important you know how we treat the information about you that we receive on the Internet.
In general, you may visit the Site without telling us who you are or revealing any personally identifiable information about you. Our servers collect the domain names, operating system in use (e.g., Macintosh, Windows) and browser (e.g., Safari, Chrome, Internet Explorer). This information is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. FIRST SPARS uses this information to measure the use of our Site and to improve the content of our Site. E-mail addresses and other personally identifiable information such as first and last name, home or other physical address, telephone number, and other similar information are known only when voluntarily provided by a visitor for registration or other participation of visitors in any available online interactive activities.
USE OF YOUR INFORMATION
We may use the personal information you provide for any of the following purposes: (1) to understand the use of our Site and make improvements; (2) to respond to specific requests from visitors; (3) to protect the security or integrity of our Site when necessary; (4) in general to promote and market products to you. From time to time we may send you offers and details of new products. These solicitations may take the form of e-mails. If you do not want to receive these emails from us using your personally identifiable information, please notify us.
DISCLOSURES OF YOUR INFORMATION
Unless otherwise disclosed during the collection, personally identifiable information that may be collected in connection with visitors to this Site is retained by FIRST SPARS. We would never sell, transfer or otherwise disclose this personally identifiable information outside this company, except where disclosure is required by law. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered
Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
You have a right to access the personal data that is held about you. Please call or e-mail us at email@example.com for this information.
A technology called "cookies" may be used to provide you with tailored information. A "cookie" is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. You may be able to set your browser to notify you when you receive a cookie. Our cookies collect the operating system and browser that a visitor is using.
Information collected by our website
Controlling your personal information
An Introduction to cookies
Your consent for cookie deployment by our website
Cookies used by our website
Actual cookies deployed
How to disable cookies
WHAT WE COLLECT
For the purpose of making an enquiring or placing an order, our website may collect the following information. Your name and appropriate contact information including email address, address, preferences and interests. Other information relevant to customer surveys and/or offers may also be requested.
WHAT WE DO WITH INFORMATION COLLECTED
We require this information to understand your needs and provide you with more information for the product(s)/service(s) you have requested. Your information may also be stored in a CRM system for Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you please write to or email us.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will never store your credit/debit card information on our website. All electronic transactions you make to or receive from us will be encrypted using SSL technology and will be transferred and processed by SagePay. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
AN INTRODUCTIO TO COOKIES
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.
COOKIES DEPLOYED ON OUR WEBSITE:
ensure that functionality operates as intended
remember your choices and preferences during and between visits
allow you to share pages via social network widgets like Facebook, Twitter and AddThis
allow you to interact with our website by leaving comments or opinions
post enquiries via our Anti-Spam enquiry form
track your visit for statistical analysis, allowing us to improve the usability, speed and security of our website
COOKIES DEPLOYED TO:
collect any personal identifiable information (without your express permission)
collect any sensitive information (without your express permission)
pass data to advertising networks
pass personally identifiable data to third parties
pay sales commissions
YoOUR CONSENT FOR COOKIE DEPLOYMENT ON OUR WEBSITE
COOKIES USED BY OUR WEBSITE SOCIAL NETWORK SHARING NETWORK
We encourage users to share our content and/or like our on profile on the popular Social Media websites Facebook, Twitter, YouTube, Google+ and LinkedIn. In order to make 'Social Sharing' accessible, our website utilises widgets either provided directly from the Social Networks and/or via amalgamative widgets from third parties such as AddThis. Cookies and privacy implications from the social networks vary and will be dependent on your nominated privacy settings with each Social Network. Social Sharing buttons will only deploy cookies if you are signed to that respective Social Network at the time of being on our website.
Our website has Google Analytics installed which allows us to track and compile anonymous visitor statistics. The information collected ranges from simple traffic volume to the type of browser you are viewing our website with. This information is valuable to us not just for marketing analysis and quantification, but to improve the usability, security and load speed of our website content. Google Analytics is a popular, secure, flagship webmaster product from Google. The privacy and security of Google Analytics data is a high priority at Google that you can read more about on Google's Analytics Data Safeguarding page. Google also offer a Google Analytics Opt-out Browser Add-on that will allow you to automatically Opt-out of all websites that track your activity via Google Analytics. No personal information is collected by Google Analytics.
COOKIES CONSENT CHECK
As mentioned above, upon your first visit our website displays a banner at the top of the page alerting you about cookies being deployed by our website. In order for our website to remember your choice of opting-in, we store an anonymous cookie to remove the alert banner for 28 days. To prevent this cookie being stored, simply do not accept and close the alert. If you have already accepted the alert and you wish to remove the cookie, please clear your cookies within your browser settings.
Our eCommerce website is built on the popular platform - WIX. eCommerce platforms in general require the use of several essential cookies for the website to function correctly. A comprehensive list of the cookies WIX may use are detailed in the table below.
Visitors can choose to contact us via enquiry form(s) on our website. In order to prevent spam enquiries, we protect our forms with a 'CAPTCHA' challenge to ensure the submission is from a living person, rather than a computer bot. This CAPTCHA challenge creates a cookie that is used only to check the input response from the user is correct. The CAPTCHA cookie does not store any other information from your enquiry.
GOOGLE MAPS / PLACES
Our website may have our Google Maps/Places profile embedded within an iframe. Google Maps creates cookies that enable the functionality of their powerful mapping software. No personal information is stored or shared on the cookies deployed by Google Maps/Places
ACTUAL COOKIES DEPLOYED
Below is a table of information which lists all cookies deployed and used on our website.
Cookie CategoryCookie NameCookie Description
Google_utmaA Google Analytics cookie, which keeps track of the number of times, a visitor has been to the site, when their first visit was, and when their last visit occurred.
_utmbA Google Analytics cookie, which creates a timestamp of the exact moment when a visitor enters a site.
_utmcA Google Analytics cookie, which creates a timestamp of the exact moment when a visitor leaves the site.
_utmvUsed for reporting in Google Analytics classifying the visitor.
_utmzA Google Analytics cookie which tracks where the visitor came from, what search engine was used, what link was clicked on, what keywords used, and where in the world the site was accessed from.
PREF, NIDThis cookie is set by Google Maps when you load a map of our location.
AddThisloc, uid/uit, psc, di/dt, atuvc/bt/ssc/ssh/sshs/xtcAllows users to share content via Social Networking websites and email.
MagentoCARTThe association with your shopping cart.
CATEGORY_INFOStores the category info on the page, that allows to display pages more quickly.
COMPAREThe items that you have in the Compare Products list.
CURRENCYYour preferred currency.
CUSTOMERAn encrypted version of your customer id with the store.
CUSTOMER_AUTHAn indicator if you are currently logged into the store.
CUSTOMER_INFOAn encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDSStores the Customer Segment ID.
EXTERNAL_NO_CACHEA flag, which indicates whether caching is disabled or not.
FRONTENDYou session ID on the server.
GUEST-VIEWAllows guests to edit their orders.
LAST_CATEGORYThe last category you visited.
LAST_PRODUCTThe most recent product you have viewed.
NEWMESSAGEIndicates whether a new message has been received.
NO_CACHEIndicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CARTA link to information about your cart and viewing history if you have asked the site.
POLLThe ID of any polls you have recently voted in.
POLLNInformation on what polls you have voted on.
RECENTLYCOMPAREDThe items that you have recently compared.
STFInformation on products you have emailed to friends.
STOREThe store view or language you have selected.
VIEWED_PRODUCT_IDSThe products that you have recently viewed.
WISHLISTAn encrypted list of products added to your Wishlist.
WISHLIST_CNTThe number of items in your Wishlist.
HOW TO DISABLE COOKIES
Most modern browsers allow you to control your cookie settings for all websites that you browse. You can disable cookie deployment completely by editing your browser settings, however in doing this you may be limiting the functionality that is displayed on our website. To learn how to disable cookies on your preferred browser we recommend reading this advice posted by Google.
If you are concerned about cookies tracking your movements on the Internet then you may be concerned about spyware. Spyware is the name given to a particular band of cookies that track personal information about you.