TERMS & CONDITIONS OF SALE
The following expressions in these Conditions shall mean respectively:
the Company: is ATN Marketing Limited, T/A Stone the Crows ! registered in England, number 1385824, whose registered address is Boot Hill, Callywhite Lane, Dronfield S18 2XR
the Purchaser is the person, Company or Body buying or offering to purchase Goods
Goods materials, products and/or services supplied by the Company from time to time.
The following terms are the Companys standard terms and conditions of sale. The Company contracts to supply Goods only on these terms. The
Purchaser accepts that these terms shall govern relations between itself and the Company to the exclusion of any other terms including conditions,
warranties and representations written or oral, express or implied even if contained in any Purchasers documents which purport to provide that the
Purchasers own terms shall prevail.
Representations concerning the Goods made by the Companys employees and agents are invalid unless confirmed by the Company in writing. The
Purchaser acknowledges that it does not rely on, and waives any claim for breach of such representations which are not confirmed.
Any typographical error, clerical or other error or omission in any sales literature, quotation, price list, order acknowledgement or other document of
information issued by the Company shall be subject to correction without any liability on the part of the Company.
The Company shall not be liable for any advice or recommendation given by its employees or agents to the Purchaser or its employees or agents as
to the storage, application or use of the Goods which is not confirmed in writing by the Company. The same is followed or acted upon entirely at the
The Company reserves the right to modify any Goods without prior notice provided that such modification shall not affect the function of the relevant
Goods offered ex-stock are subject to prior sales.
Minimum order value is £500 Carriage Paid (excluding VAT), Except Umbrellas and/or Stationery min order value £350 Carriage Paid (excluding VAT)
(see Prices below for Carriage Paid Terms).
All verbal orders must be confirmed in writing within 10 days of the original instructions. The Company will not be responsible for any errors identified
after performance of the order if no written confirmation has been received.
Delivery times stated are estimates only and time shall not be an essence of the contract. The Company shall not be liable for any loss or damage
whatsoever sustained by the Purchasers in the event of a delivery time being exceeded.
The Company reserves the right to make partial deliveries. The Company does not accept any liability for failure to deliver an order in its entirely.
Each delivery shall be invoiced separately.
All outstanding balances shall be delivered unless the Purchaser requests cancellation in writing prior to the despatch of such balances. All
outstanding balances remaining on the Companys records shall be cancelled as at the 1st February each year unless specifically requested not to do
All prices are net ex works. The Company shall deliver free of charge orders over £500 to a single nominated UK mainland address. All offshore
destinations including N. Ireland, Channel Islands, Isle of Man etc. prices are ex works. Freight charges are extra and must be agreed in writing prior
Value Added Tax is additional to the prices and will be at the rate prevailing at the date of invoicing. No Trade Discounts are allowed unless agreed in
writing by the Company.
ORDER CANCELLATION / DELIVERY REFUSAL CHARGE
The Company reserves the right to levy a charge of 15% of Total Order Value if an order is cancelled without reasonable cause. The Company
reserves the right to levy a charge of 15% of Total Invoice Value (excluding VAT) if a pre-booked delivery is refused without reasonable cause. In
both cases the definition of Reasonable Cause will be at the sole discretion of the Company.
The company shall deliver the Goods in its own packaging.
No allowance can be made for returning the packaging.
Any special packaging requirements requested by the Purchaser and agreed to in writing by the Company will be charged in addition to the Goods
If palletised deliveries are requested by the Purchaser the Company shall charge for the pallets required to accommodate the request. Such
chargeable items can be credited on return of the packaging to the Companies premises.
For UK mainland customers if the Purchaser does not have a valid credit account in existence with the Company, the Purchaser must pay for the
first invoice value on a Proforma basis by either credit card or cheque in advance, or alternatively Cash on Delivery by agreement. For offshore
destinations Proforma payments will be by either credit card or cheque in advance.
All invoices issued thereafter (subject to suitable references) are due for payment 30 days after invoice date.
Any costs incurred in reclaiming overdue payments shall be the responsibility of the Purchaser and be added to the outstanding Goods value.
The Purchaser agrees to the Companys option to charge compound interest at 2.5% per month on any outstanding values which exceed 30 days
after invoice date.
If payment is made by debit / credit card a charge of 1.5% will be made on the total invoice value.
GUARANTEE, DAMAGE IN TRANSIT & CLAIMS
The Company warrants to supply Goods which are fit and proper for the purpose they were designed. Any claims must be made in writing and such
Goods be made available for the Company, its servants or agents to inspect.
The Company will not insure any offshore deliveries. The Purchaser will be responsible for insuring consignments from our warehouse and any
claims arising for missing items or damaged goods
The Company will only accept claims which are notified verbally within 3 days of receipt of the Goods by the Purchaser and confirmed in writing by the
Purchaser to the Company within 5 days of receipt of the Goods.
Alleged claims for damaged, missing or disputed Goods shall not be grounds for withholding payment against the whole invoice. The Purchaser
agrees to release payment against the undisputed part of the invoices.
All returns must be notified in writing by the Purchaser to the Company and agreed by the Company prior to uplift.
Any Goods which are to be returned must be made available for the Company, its agents or servants to uplift. The Company shall not reimburse
carriage charges for Goods returned by any other method.
The Company may at its absolute discretion either refund or give credit for the price of defective Goods. Any goods found to be of acceptable quality
may, at the discretion of the Company, be credited after bearing a restocking charge of up to 15% of the Goods value.
Unless requested in writing by the Purchaser, replacement Goods will not be supplied. Where such Goods are supplied the Company shall reinvoice
for the replacement Goods at the time of despatch.
PROPERTY AND RISK IN GOODS
Risk in the Goods shall pass to the Purchaser immediately on delivery to the Purchaser or into custody on the Purchasers behalf whichever is the
Notwithstanding that credit may have been given to the Purchaser, the Company shall in its discretion be entitled to retain possession of the Goods
supplied against each invoice until payment has been received from the Purchaser in full.
Until property of the Goods passes to the Purchaser the relationship between the Company and the Purchaser shall be that of bailor and bailee and
the Purchaser shall store the Goods in such a way that they are readily identifiable as the property of the Company.
If before the property in the goods passes to the Purchaser the Goods are sold by the Purchaser or any third party, such sale or sales shall be
deemed to be on behalf of the Company, but without imposing any liability on the Company to the sub-purchaser. The Purchaser or any third party
shall hold such proceeds of the sale or rights arising therefrom against the sub-purchaser as represents the sum due to the Company for such Goods
as trustee for the Company and the Purchaser or any third party shall keep such proceeds of each sale separate from its other monies and account to
the Company accordingly.
If payment of any Goods is overdue or if it appears to the Company that the Purchaser is or may be insolvent, the Company may require the
Purchaser or any third party to deliver up the Goods to the Company and, if the Purchaser or any third party fails to do so forthwith, the Purchaser or
any third party shall permit the Company to recover and resell the Goods and by its agents or servants enter upon the Purchasers premises (or such
other premises where the Goods are stored or situated) for that purpose.
If the Company claims its Retention of Title rights under these Terms and Conditions identification of the Companys Goods will be at the sole
discretion of the Company.
The Purchaser shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the
property of the Company but if the Purchaser does so or purports to do so, all monies owing by the Purchaser to the Company shall (without prejudice
to any other right or remedy of the Company) forthwith become due and payable.
Any waiver, forbearance or failure by the Company in insisting in any one or more incidences upon the performance of these conditions shall not be
construed as a waiver or relinquishment of the Companys right to future performance of such conditions and the Purchasers obligations in respect of
such future performance shall continue in full force and effect.
NO SET OFF
Any payment to be made by the Purchaser to the Company shall be made in full without any set off or deduction therefrom or any counterclaim or
claim to a lien thereover howsoever the same may arise.
LAW OF CONTRACT
These conditions and any contract hereunder shall be governed by and construed under English Law and the Company and the Purchaser submit to
the exclusive jurisdiction of the English Courts in respect of any dispute, claim or matter arising under such a contract or in regard to these conditions.
Stone The Crows is committed to ensuring that your privacy is protected. Should we use, or ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy statement.
The purpose of this statement is to provide information regarding what, how and why Stone The Crows collects, process and store data, as well as providing the appropriate contact information should you wish to withdraw from processing or request deletion of any data we hold about you.
What information do we collect and hold?
The personal data we collect is limited to:
business IP address
Other business related data may also be processed including business name, job title, contact telephone number and other technical information (such as login credentials) for providing services such as website sales. However, we will never collect further personal data such as those classed under 'Special Category Data'.
Our typical segmentation includes Customers, Prospects, and those who have a likely interest in a particular product. We will only ever collect, process and store the essential information required for making contact with the data subjects within a business environment.
What do we do with the information we gather?
The data collected will be used to contact individuals or companies to communicate marketing and sales messages relating to Stone The Crows products. Stone The Crows only sends messages to those we believe are likely to be interested in Stone The Crows products and associated content based upon the organisation they are employed at or their job function.
Stone The Crows will also need to contact individuals or companies in order to support the products that it sells, provide the associated services and invoice as per the terms of its contracts with its customers.
How will we contact you?
Messages from Stone The Crows could be delivered via email, via telephone, mail or any other business to business (B2B) marketing methods that may be relevant.
How have we collected your information?
When you send Stone The Crows an enquiry via our website you will be asked to provide your contact details. We will use the data you provide to process your request and may use it to inform you by email, telephone or mail about other Stone The Crows products and services that we feel may be of interest to you, it is deemed that as you have visited Stone The Crows website and/or provided us with your contact information that you are legitimately interested in our products and services. You have the right to object from any method of correspondence at any time, using the unsubscribe button on an email, by informing the telephone operator or by contacting us via any of the methods below.
All data has been collected in line with the lawful basis of 'Legitimate Interests'. If you have received correspondence from us, we will have collected your data in one of the following ways;
You have requested information from Stone The Crows on a previous occasion.
You or someone else has expressly shared your contact details with us for the purpose of receiving information now and/or in the future.
We have previously met at an event and your business card or contact details were handed to us willingly.
You have previously connected with a member of our team and discussed our products.
What is our Lawful Basis for Processing?
As an organisation that processes business related data, Stone The Crows has assessed all six grounds for lawful processing of personal data under the GDPR 2018, and has selected 'Legitimate Interests' as the most suitable lawful ground for the processing of data for the purposes of Stone The Crows marketing, sales and providing its products.
Stone The Crows collects, processes and stores data relating to business contacts in the retail industry. We believe that the individuals that we process the data of, are likely to have an interest in Stone The Crows products and services, and associated subject matter related to the retail industry.
Legitimate Interest Assessment (LIA)
Stone The Crows has carried out Legitimate Interest Assessments (LIAs), as advised by the ICO, both for holding personal data for marketing and sales, and the processing required in the course of providing its products and services. Based upon that assessment it is deemed that the rights and freedoms of the data subjects would not be overridden when processing this data for either purpose, and that in no way would a data subject be caused harm by our correspondence.
Based upon our processing of personal data within the context of a business environment, we believe that any individual that receives correspondence from Stone The Crows in a direct marketing or sales capacity could be legitimately interested in the Stone The Crows marketing content. It is also deemed that direct marketing and sales is necessary in the context of promoting Stone The Crows to business professionals in order to increase awareness of our products in the marketplace.
As per the ICO guidance, Stone The Crows can confirm:
We have checked that legitimate interests is the most appropriate basis.
We understand our responsibility to protect the individual's interests.
We have conducted a legitimate interests assessment (LIA) and kept a record of it, to ensure that we can justify our decision.
We have identified the relevant legitimate interests.
We have checked that the processing is necessary and there is no less intrusive way to achieve the same result.
We have done a balancing test, and are confident that the individual's interests do not override those legitimate interests.
We only use individuals' data in ways they would reasonably expect.
We are not using people's data in ways they would find intrusive or which could cause them harm.
We do not process the data of children.
We have considered safeguards to reduce the impact where possible.
We will always ensure there is an opt-out / ability to object.
Our LIA did not identify a significant privacy impact, and therefore we do not require a DPIA
We keep our LIA under review every six months, and will repeat it if circumstances change
We include information about our legitimate interests in our privacy notice
How long do we keep data for?
Stone The Crows is committed to ensuring that the data that we hold is up-to-date and accurate. Stone The Crows continually cleanse the data held within our CRM system.
We will take all reasonable steps to destroy or erase from our systems all data which is no longer required. We will keep your personal data for the duration of the account being active and for 7 years after our contract with you has terminated.
How do we store data, is it secure?
The data is processed and stored in the EU within a secure environment.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have established suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
How can you object to processing of your data?
Request to Object
In all correspondence with you we will give you the right to object from receiving further marketing correspondence from Stone The Crows. On any marketing emails you receive from Stone The Crows there will be the option to 'unsubscribe' from receiving any further email marketing correspondence of that nature. If you receive a telephone call from us, you have the right to request not to receive any further marketing calls. Your request to object will be logged within our system to ensure that you do not receive any further marketing calls.
Should you wish to object to receiving marketing communication from Stone The Crows, you can do so in a variety of ways:
Please click the 'unsubscribe' link at the bottom of every email to stop receiving such marketing emails.
If you have received a call, please tell the representative that you do not wish to receive any further marketing calls.
Please call 01246 299800 and ask to speak with a member of the sales team.
You can also make your request by emailing:
Or by writing to:
Data Protection Team
Stone The Crows
All requests will be processed immediately (please be aware this may not stop any promotions already underway). Your details will be updated to ensure that your details cannot be processed by the Stone The Crows CRM system in the future. Please note this applies only to the processing of your personally identifiable data, not that of the business data which does not fall under the remit of GDPR.
Request for Erasure
It is important to understand the difference between a right to object and a request for deletion. If you make a request for deletion, we will remove any data we hold about you from the Stone The Crows CRM system. This will also mean that we will remove your details from the 'objection to processing list'. If you are removed from this list, there is a risk that your data may be processed again in the future if your details are re-added to our CRM system by a member of our team who genuinely believes that your business would be interested in our products. If you do not wish for us to contact you again we would recommend you request to object rather than a request for deletion, as this will ensure that your details are always suppressed from processing.
The option however is yours, and in either case we will process your request immediately.
You can request your information be erased by emailing:
Or by writing to:
Stone The CrowsBoot Hill,
Controlling your personal information
We will not sell, distribute or lease your personal information to third.
For questions relating to this policy, please contact firstname.lastname@example.org
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. 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.
Stone The Crows may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 22nd May 2018.