Terms & Conditions...
Please read these terms and conditions of sale ('Terms') carefully. They will apply to any order you make for goods from The Gift Parcel Company Ltd. You understand that by ordering any goods, you agree to be bound by these Terms.You should retain a copy of these Terms for future reference.
- 1.1 This website is operated by The Gift Parcel Company Ltd (‘we’, ‘us’ or ‘our’).
- 1.2 We are registered in England and Wales under 8362468 and our registered office is at Torwood lodge, Torwood Gardens Rd. Torquay, TQ 1 1EQ.
- 1.3 Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations.
- 1.4 Goods displayed on our website can be ordered online, or by emailing [email protected] or by calling our telephone ordering service on +44 (0)1803 215619. If there is anything you do not understand, please raise it at the time you place your order.
- 1.5 Your order constitutes an offer to us to buy our goods. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice (the ‘Order Confirmation’). The contract between us (the ‘Contract’) will only be formed when we let you have the Order Confirmation.
- 1.6 The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation.
- 1.7 By placing an order, you confirm that:
- 1.7.1 you are legally capable of entering into a binding contract;
- 1.7.2 you are eighteen years or over; and
- 1.7.3 you have read and agree to be bound by these Terms.
- 1.8 Please understand that if you refuse to accept these Terms, you will not be able to order any goods from us. In case of orders made through the website please click on the button marked ‘I Accept’ on the checkout page in the order process if you accept them. If you do not do that you cannot place an order.
- 1.9 We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold.
- 1.10 The Contract may be subject to your right of cancellation (see clause 5 below).
2. Description and price of the goods
- 2.1 The description and, subject to clauses 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a bespoke service where non-standard goods may be ordered by special arrangement. If you are interested in such a bespoke service, please contact us at [email protected]
- 2.2 The prices of the goods include standard delivery charges. Additional delivery charges can be found on our website.
- 2.3 The prices of the goods stated on our website are those operating under our standard service. An additional charge will be payable if you require our express service, as stated at clause 4.2 below.
- 2.4 All prices are inclusive of VAT, where applicable.
- 2.5 The goods are subject to ingredient availability. However, due to the availability of products and seasonal differences, we reserve the right to substitute products of equal or greater value when it becomes necessary.
- 2.6 Please be aware that all our goods may contain nuts or traces of nuts.
- 2.7 Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, our website contains a large number of items and it is always possible that, despite our best efforts, some of the goods listed on our website may be incorrectly priced. We will verify prices when we give you your Order Confirmation.
- 2.8 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious. However, we will advise you in writing where it is not possible to accept your order to buy the goods at the price stated.
- 2.9 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 3.1 Payment for the goods may be made by debit, credit or charge card and (in whole or in part) by the redemption of gift vouchers issued by the Gift parcel Company. The debit, credit and charge cards accepted by us are those listed on the website.
- 3.2 Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
- 3.3 Where you pay the price (in whole or in part) by gift voucher, the following Terms will apply to your use of the gift voucher and you should read them carefully. The gift voucher:
- 3.3.1 may be redeemed for those goods which are described on the gift voucher and the full cost of whichever delivery method you select. Accordingly, where you wish to redeem the gift voucher for goods of a higher value than the goods described on the gift voucher or where you require our express service (as to which see clause 4.2 below) then an additional charge will be payable, in accordance with clauses 3.1 and 3.2;
- 3.3.2 is non-transferable and cannot be sold, resold or redeemed in whole or in part for cash or any other form of credit. You should therefore note that if you choose to purchase goods of a lower value than those described on the gift voucher, we will neither issue you with a gift voucher for the remaining value nor will we pay you a part cash refund of the gift voucher but we will hold the balance which you have not spent to your credit to be used against further orders and we keep a record of all current vouchers and unused balances on vouchers; and
- 3.3.3 is valid for an indefinite period.
- 3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you. In addition, costs, expenses and outgoings incurred by The Gift Parcel Company when an order is incorrectly placed in contravention of our delivery policies or any other such policies stated on our website from time to time may also be recovered. An indicative charge for this would be £3 per incorrectly placed order but maybe higher.
- 4.1 We deliver anywhere in mainland UK by commercial courier or by other means at our discretion including Parcel Force or personal delivery. Delivery by other means or outside mainland UK may be possible by special arrangement but an additional delivery charge will be payable. If you require delivery outside mainland UK, you must discuss this with us before the order is placed.
- 4.2 If you order goods from our standard service, delivery will be made between Monday and Saturday. However, we can also offer a next day service where you require the goods urgently. In that event, an additional charge will be payable. Full details of the additional charges applicable to our express service are available on request.
- 4.3 Goods are supplied at a temperature appropriate to the food concerned.
- 4.4 Delivery will be arranged once a Contract has been formed and we will confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so. Goods may be left in a ‘safe place’ as deemed by a courier.
- 4.5 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to re arrange delivery.
- 4.6 In the event of a courier claiming delivery has been made and this being disputed it may be necessary for you to provide a signed form by the recipient confirming non receipt.
- 4.7 We will endeavour to despatch goods within a reasonable time of the order contract being confirmed. Occasionally this is not possible due to circumstances beyond our control. In the event of a known event this will be published on the delivery section of our website.
- 4.8 Should a courier attempt to make delivery on three seperate occasions and be unsuccessful for whatever reason then the parcel will be returned. to us. Upon receipt of the parcel back at Student Gift Parcel we will refund the order price less the amount we have paid for attempted delivery of the parcel
5. Amendment of order and cancellation rights
- 5.1 In the case of perishable goods, you may amend or cancel your order by contacting us by email [email protected] by telephone on +44 (0)1803 215619 prior to the following cut-off times:
- 5.1.1 in the case of our standard delivery service, no later than three hours after the Order Confirmation.
- 5.1.2 in the case of our express delivery service, no later than 30 minutes after the Order Confirmation.
- 5.2 If you amend or cancel your order containing perishable goods within the time limits stated in clause 5.1, then within 30 (thirty) days of the amendment/cancellation:
- 5.2.1 if you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum; and
- 5.2.2 if you have paid by gift voucher, we will credit your gift voucher.
- 5.3 Where you amend or cancel an order for perishable goods outside of the time limits in clause 5.1, we will be unable to resell any unwanted goods and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation or the relevant gift voucher(s).
- 5.4 In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods.
- 5.5 If you wish to send back non-perishable goods, you need to comply with the following arrangements:
- 5.5.1 you must give us notice by telephone on +44 (0) 1803 215619 or by email at [email protected] details of the goods concerned;
- 5.5.2 you should then return the goods to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods;
- 5.5.3 you must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return;
- 5.5.4 within 30 (thirty) days of the date on which you notify us of cancellation, and if you have paid the price of the goods by credit, debit or charge card, we will credit your payment card with the appropriate sum and if you have paid by gift voucher, we will issue you with a replacement gift voucher provided the goods are not damaged; and
- 5.5.5 if we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
- 5.6 In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under clause 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of clauses 5.1 to 5.3 above.
- 5.7 For your protection we recommend, when returning any goods, you use a reputable delivery service which can provide evidence that they have delivered the goods to us. Please ensure that the goods which are being returned are packed with sufficient care to ensure that damage does not occur in transit. We will not be responsible for damage to returned goods caused by insufficient packaging. In most cases sufficient packaging means a strong cardboard box with adequate internal cushioning around the goods.
6. Refunds policy in case of customer complaint
- 6.1 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the goods to us, in which case we will refund the postage and packaging cost.
- 6.2 You should note that where you order any cake with a topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on the cake and this will not affect the quality of the cake itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the cake after the topping has been replaced.
- 6.3 Subject to your compliance with clauses 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
- 6.3.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
- 6.3.2 where you have paid the price of the short shipped or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, where you have paid by gift voucher, refund a credit to your gift voucher.
- 6.4 We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.
7. Our liability
- 7.1 If either of us fails to comply with these Terms, the relevant party will only be responsible for losses which are a direct and foreseeable consequence of the failure to comply with these Terms.
- 7.2 We will not be responsible for any loss or damage to the goods after you have taken delivery of them except as set out in these Terms.
- 7.3 We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
- 7.4 The limitations in clauses 7.1 to 7.3 do not limit our liability:
- 7.4.1 for death or personal injury caused by our negligence;
- 7.4.2 under section 2(3) of the Consumer Protection Act 1987;
- 7.4.3 for fraud or fraudulent misrepresentation; or
- 7.4.4 for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
8. Events outside our control
- 8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (‘Force Majeure Event’).
- 8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- 8.2.1 strikes, lock-outs or other industrial action; or
- 8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- 8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- 8.2.4 impossibility of the use of any relevant means of public or private transport; or
- 8.2.5 impossibility of the use of public or private telecommunications networks.
- 8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
- 9.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
- 9.2 We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. Import duty
- 10.1 If you order goods from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches your specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict the amount. Please contact your local customs office for further information before placing your order.
- 10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
Torwood Lodge, Torwood Gardens Rd
TQ1 1EQIntroductionWelcome to the privacy notice of The Gift Parcel CompanyThe company respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
- Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how The Gift Parcel Company collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
This privacy notice is issued on behalf of the Gift Parcel Company so when we mention “we”, “us” or “our” in this privacy notice, we are referring to Gift Parcel Company responsible for processing your data. The Gift Parcel Company is the controller and responsible for this website.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: Gift Parcel Company
Name of data privacy manager: David Hussey
- [email protected]o.ukPostal address: Torwood Lodge, Torwood Gardens Rd. Torquay TQ1 1EQYou have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.Changes to the privacy notice and your duty to inform us of changesThis version was last updated in May 2018.It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.Third-party linksOur website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
- The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
- How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- subscribe to our service or publications;
- request marketing material to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- advertising networks; and
- search information providers.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from data brokers or aggregators.
- How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the Rockfish Group of companies for marketing purposes. We currently do NOT share your personal data with any other companies.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted
- Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out above
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
- Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- [Request access to your personal data].
- [Request correction of your personal data].
- [Request erasure of your personal data].
- [Object to processing of your personal data].
- [Request restriction of processing your personal data].
- [Request transfer of your personal data].
- [Right to withdraw consent].
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Other companies within the gift Parcel Company group (none at present) acting as joint controllers or processors and who are based in the UK.
External Third Parties
- Service providers acting as processors based in the EU or United Kingdom who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EU and United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
12. Making a complaint
- 12.1 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at [email protected]
- 12.2 We will try to resolve any disagreements quickly and efficiently. We endeavour to respond to all complaints within 14 days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days.
- 12.3 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
13. Intellectual property
- 13.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these Terms confers on you any license or right under any of our trademarks, names or logos or those of any third party.
- 13.2 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site.
- 13.3 The content of our website is and remains our property.
14. Written Communications
- 14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
- 14.2 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 statutory rights.
- 15.1 All notices given by you to us should be given to us by post at Torwood lodge,Torwood Gardens Rd. Torquay TQ1 1EQ, or by email at [email protected]
- 15.2 We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.
- 15.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
- 15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
- 16.1 We may change these Terms without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our Terms.
- 16.2 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- 16.3 If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permissible by law.
- 16.4 If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England.
- 16.5 These Terms will be governed by English law.
- The www.studentgiftparcel.co.uk website is operated by The Gift Parcel Company Ltd of Torwood lodge, Torwood Gardens Rd, Torquay TQ1 1EQ. If you have any queries please contact us on +44 (0)1803 215619