BERKELEY WESTON LTD ONLINE TERMS AND CONDITIONS
Terms and Conditions have been set out for facilitating your use of our website and Services. Please note that any additional contracts shall be deemed as an integral part of Terms and Conditions. These Terms and Conditions serve for the best legal interests of all parties. In case we fail to enforce any of these provisions shall not constitute a waiver of that provision or any other provision. All rights not expressly granted herein are reserved. Hereby you are prohibited from any use of our Services in any way not expressly authorized by these Terms and Conditions.
This site is owned and operated by Berkeley Weston Ltd of Business Box, Oswin Road, Leicester LE3 1HR If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can write to us at the aforementioned address or call 0116 2795044.
1. CONTRACT
You will not have any binding contract unless your purchase order has been completed and confirmed by us an order confirmation. This shall be only possible after payment of funds required for placing the order. Before you place your order, the price of the product, transaction and network fees will be on display, by this way, you will have your chance to review your order, at the time of review, please ensure that all information you provided is accurate which is one of the main conditions to place a successful order. The prices may vary depending upon the availability of goods and services.
2. ACCURACY OF CONTENT
The information and services published on this website may include inaccuracies or typographical errors. We do not guarantee the accuracy of information and services contained on our website. We disclaim any liability for any issues related to inaccuracy of the information, photographs and materials. Changes are periodically added to the information herein. However, the orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BERKELEY WESTON LTD, OUR SERVICES, MATERIALS AND ANY OF OUR PRODUCTS, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BERKELEY WESTON LTD ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BERKELEY WESTON LTD EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, BERKELEY WESTON LTD DOES NOT REPRESENT OR WARRANT THAT THE SITE, BERKELEY WESTON LTD SERVICES OR BERKELEY WESTON LTD MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. STOCK AVAILABILITY
Goods listed on our website are available as long as they are in stock. The stock availability can be displayed on the website; nevertheless, this display does not grant you an absolute guarantee of stock availability. We reserve our right to make changes or modifications to the goods listed on our website at any time without any notice; this provision does not apply to your confirmed orders. We reserve our right to cancel your order due to unavailability stock, in such an event, you will be notified and reimbursed in 30 (thirty) days.
4. PRICES
All our prices on display are Great Britain Pounds (GBP), the prices payable for ordering goods are as set out on our website. The prices on the website are the sale price of the goods only, they include any applicable VAT but they do not include transaction fees and network fees.
These additional costs and fees will be displayed during the completion of the check out process. The prices may vary depending upon the availability of goods and services. In case it may not be possible to accept your order to buy goods of the prescribed specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the prescribed specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
Our DIY probate pack is priced at £29. The pack contains a Guide providing instructions on how to obtain probate, sample letters and forms.
We reserve the right to change the prices of goods listed on the website at any time and without warning, but such changes will not have any impact on goods for which you have already placed an order.
5. PAYMENT
We will charge your credit account for payment upon the receipt of your order unless delivery cannot be fulfilled within 30 days. We hold no liability whatsoever against any delays that occurred due to inaccuracies of the payment details. We reserve our right to cancel or suspend your contract in the event that full payment for goods cannot be completed.
6. RISK AND OWNERSHIP
The delivery of the goods is deemed as the time of passing risk, any risk vested in goods shall be on the purchaser after the delivery of the goods. We shall not be liable for any loss or damage of the goods after the passing of risk. The ownership of the goods shall be transferred to the purchaser once the goods are successfully delivered and we have received the full payment for the goods. The goods supplied are not for resale.
7. CANCELLATION
Under the Distance Selling Regulations, you may have a right to cancel an order provided that the cancellation request is made within 7 (seven) days after placing the purchase order. You shall notify about your cancellation request during this period.
You may have a right to cancel this agreement in writing to be received by the Company at the postal address or the email address below within 60 (sixty) working days of the date of purchase.
Upon the receipt of your cancellation notification, any amount debited to us from your credit card will be refunded to your account as soon as possible and in any event within 30 (thirty) days from the date of your order.
You agree and understand that a cancellation request does not automatically grant you an absolute cancellation. We reserve our every right to approve or refuse any cancellation request without any reasons or any liability.
8. OUR OBLIGATIONS
- We agree and undertake to deliver access to the DIY Probate Pack by electronic download within 48 hours of purchase.
- Our support centre (telephone line) shall be available during normal office hours 9.00 am – 5.30 pm Monday to Friday. We have no obligation to provide any legal advice from our telephone line; the telephone line shall be operating only for guidance and support purposes.
- Please note that specific issues may arise which are outside the scope of the eGuide. The information in the eGuide is for general guidance only and shall not be considered to be full or comprehensive advice in relation to the administration of estates. Reliance on the guide is entirely at the reader’s own risk. The eGuide does not replace the need to take professional legal advice. The author accepts no responsibility for any errors or omissions. The author does not accept responsibility for loss occasioned to any person acting or failing to act, as a result of the content of the eGuide.
- We comply with the PCI DSS compliance – Payment Card Industry Data Security Standards (PCI DSS). We do not store or retain details of your payment method e.g. credit card details.
9. MONEY-BACK GUARANTEE
Conditions relating to the 110% money-back guarantee; you must email phil.weston@berkeleyweston.co.uk within 60 days of purchase requesting a refund and providing a reason which explains why the product has not met your expectations.
There can be only one 110% refund permitted per individual customer either to the credit card or Paypal account provided, this money-back guarantee offer shall not be applicable for multiple refunds. We reserve our right to withdraw this offer without any notice at any time.
10. LIABILITY
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and hold no liability in respect of the export or import of the goods you purchase. If you do not receive the goods you have ordered within 30 (thirty) days from the date of purchase, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days from the date of purchase (unless this is not reasonably practicable). In case you notify us about any problem under this condition, at your option, we will be obliged to:-
i) to make good any shortage or non-delivery;
ii) to replace or repair any goods that are damaged or defective; or
iii) to refund to you the amount paid for the goods in question in whatever way we deem appropriate.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11. PRIVACY POLICY
By using this website, you are legally bound by Terms and Conditions, Privacy Policy and any other document which we may require for complying with legal obligations and compliance.
12. NOTICES
Unless otherwise specified in any of our other contracts or agreements and/or under these Terms and Conditions, we shall contact you only electronically. You acknowledge and agree that any communications sent through electronic channels will suffice to be regarded as received by you. These communications are namely; any contract and/or agreement concluded between you and us, our Terms and Conditions, and Privacy Policy, your account information, invoices, Products or Services details, all legal and regulatory disclosures we are required by Law, our legal notices and enquiries including resolution of technical problems. All notices from you must be in writing and sent to Berkeley Weston Ltd of Business Box, Oswin Road, Leicester LE3 1HR.
13. INTELLECTUAL PROPERTY RIGHTS
We, Berkeley Weston Ltd. are the exclusive owners of all intellectual property rights contained on this website. All of the materials are protected by copyright and trademark. All such rights are reserved. You may only use any of these rights to the extent granted for the necessary purposes related to the use of our Services. You must not use, modify, copy, duplicate and/or distribute any of our material posted on this Website. You hereby agree and understand that we do not assign or transfer any ownership of our intellectual property rights to you or any other person whilst you are using our Services.
14. CHANGES TO TERMS AND CONDITIONS
We reserve the right to change terms, conditions and legal notices at any time without prior notice or liability towards any client. If you are an existing user of our Products or Services, we will inform you about the changes in Terms and Conditions by sending you an email to the most recent registered email address you provided for the use of our services. Your continued use of our services and this website is deemed your acceptance of the modified Terms and Conditions.
Changes or modifications shall be uploaded to this section as a part of the Terms and Conditions. In any event of failure to update any provision to Terms and Conditions at this section shall not be deemed a waiver of this provision.
15. SEVERABILITY AND ENFORCEABILITY
If any of the clauses in Terms and Conditions is deemed or declared to be wholly or partially invalid, unenforceable or illegal; the invalidity, unenforceability or illegality of this clause shall not have any effect upon the entirety of Terms and Conditions, the other clauses of Terms and Conditions will remain fully applicable.
16. THIRD-PARTY RIGHTS
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
17. DATA PROTECTION
At the use of our website, we may collect and process a certain type of data and/or personal information subject to your consent as required by the Data Protection Act 2018 (UK). We undertake to keep any of your personal information confidential and not share with any third party other than the reasons of your request of services and our legal obligations to share such information with any administrative or judicial authority. Upon your request of our services and/or placing an order, you agree and authorise us to share your correspondence address (email and telephone number) to other third parties whom we deem suitable.
We will store and protect your personal data in a proper and confidential manner but we reserve our right to collect, process, store, use, disclose or share your personal information for the purposes stated in our Privacy Policy and herein or applicable laws. We may disclose your personal information with;
a) related parties to your requests or orders or services;
b) our management, technical and support agents, Partners or any other staff members, our collaboration partners;
c) third party service providers that we use for the provision of services;
d) insurance, financial, banks, audit, credit, tax authorities, institutions and companies;
e) public, government and law enforcement authorities;
To the extent we obtain your consent to share your personal information or to the extent we require for the provision of services, and complying with our legal obligations.
18. COOKIE
A ‘cookie’ is a small text file that is downloaded onto your access device when you visit a website and that enables the website to obtain certain information from your browser, such as your preferences. This website use cookies and similar technologies to provide personalized web pages and to tailor other content to reflect your specific needs and interests. You may configure your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly if cookies are disabled. For further information on cookies, how they are used and how they apply to the use of your personal data, please visit www.aboutcookies.org.
This contract constitutes the entire agreement between you and Berkeley Weston Ltd with respect to this website and it supersedes all prior other contracts and Terms and Conditions with respect to this website.
19. REQUEST OF A COPY
You have the right to see your copy of personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to: Philip Weston, Berkeley Weston Ltd, Business Box, Oswin Road, Leicester LE3 1HR
20. COMPLAINTS
In case you are not happy with any aspect of our services, you shall contact Nicola Haynes first, through 0116 2795165. In case you are willing to make a complaint about any aspect of our services, you must, in the first instance write to Nicola Haynes. Upon receipt of your letter, she will acknowledge your letter within 7 days and then investigate the circumstances of your complaint and write to you with the results of her investigation within a further 21 days.
© 2021 Berkeley Weston Ltd. All rights reserved.
PRIVACY POLICY BERKELEY WESTON LTD
Please note that this Privacy Policy is an integrated part of Terms and Conditions of Berkeley Weston Ltd. The definitions used shall have the same meaning and interpretation stipulated as in the Terms and Conditions. We use our Privacy Policy for the purposes of enforcing our Terms and Conditions, and any other contracts and/or other agreements we conduct with you. Please carefully read the full content of this Privacy Policy. At all times visiting our website, regardless of whether or not you use Berkeley Weston Ltd Services, you acknowledge, understand, and consent to all articles described in this Privacy Policy.
1. PURPOSE
Privacy Policy is designed to inform all natural persons, either users, clients or members of Berkeley Weston Ltd on the protective measures we take for the protection of the secrecy of any data you have entrusted us. We will not use your personal information for any purpose not covered in this Privacy Policy or the Terms and Conditions, and for any other reason than required by Data Protection Act 2018, without prior notification to you and your consent.
This Privacy Policy has been duly structured for Data Protection Act 2018 (UK) (hereinafter “DPA”) where can be accessed through following link:
DPA 2018 (UK): https://www.legislation.gov.uk/ukpga/2018/12
This notice provides you information regarding your rights and our obligations and shares guidelines about the process of your personal information. The Purpose of Privacy Policy is the explanation of our policies for collecting, using and sharing personal information and data, and Cookies collected from your device. This Privacy Policy applies to every connection irrespective of device choice; any device with internet connectivity which can access to this website will be subject to this Privacy Policy.
We can collect transaction details from all the personal data provided as you use our services, such as placing orders, activity history, payment process, price. We collect transaction information for the purposes of detecting and identifying any illegal trading activity, resolving legal cases, and other purposes described in this Privacy Policy.
We or our third party service providers may collect certain information for facilitation of orders and/or services details, for our best legal interest and our business purposes through: publicly available databases, marketing agents, any other third party data analytics.
2. TYPE AND USE OF INFORMATION
I. Your Client Details/ Orders Details:
Type of information:
Personal Information, Contact Information, Statement of Consent, Relevant information with regards to your transaction, Transaction Confirmation, Confirmation of Payment, Any further information relevant to your orders, or any extra information you provided.
Failure to provide:
Failure to perform contract
Purpose:
Performance of contract
II. Identity and contact details
Type of information:
Personal Information, Contact Information, Financial Information
Failure to provide:
Failure to confirm payment and performance of contract
Purpose:
Legal obligation
III. Monitoring and assessing potential criminal behaviours
Personal Information, Contact Details, Criminal Activity, Tax Details, Financial Information
Failure to provide:
Failure to confirm payment and performance of contract
Purpose:
Legal obligation
IV. Complaints
Personal Information, Contact Details, Connection Data
Failure to provide:
Failure of submitted complaint
Purpose:
Legitimate interest of clients
V. Processing data required by regulatory and law enforcement authorities
Personal Information, Connection Data
Failure to provide:
N/A
Purpose:
Legal obligation
VI. Quality Assurance
Personal Information, Contact Details
Failure to provide:
Failure to contact or obtain feedback
Purpose:
Legitimate Interest
3. YOUR RIGHTS
DPA 2018 provides legal protection of fundamental rights to every natural person. You may request us to provide you any personal information we collect and store about you, but, subject to limitations of (i) reasonability criteria, (ii) request made on legal grounds and (iii) proof of your personal details to verify your identity. Upon your request, you should bear in mind that we may withhold personal information to the extent required by law. Without your prior written consent, we will not process any of your personal information for marketing purposes and/or for any other purposes exceeding the purpose of collected data and your consent. In case your personal information may be needed for marketing purposes, we will be asking your express consent before using of your personal information for such purposes; you are entitled to opt out from the use of your personal information for marketing purposes.
Your specific rights under DPA 2018; S43-54, S99
(1) Right to access data – s45 DPA 2018 (UK)
You have the right of making enquiry about the process of your personal data to question whether we process or not, you have the right to access to your personal data. In these cases, we explain the purposes of processing your data and we store. You can file a complaint with a supervisory authority. In addition, you may request a copy of your personal data; charges may apply for this request.
(2) Right to rectify – s46 of DPA 2018 (UK)
If any of your personal information collected, processed or stored is inaccurate, you have the right to rectify these inaccuracies.
(3) Right to erasure – s47 of DPA 2018 (UK)
You have the right to request for the erasure of your personal data from us, we have obligation to follow your request only if the following conditions are met;
- it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed;
- you withdraw your consent to any processing which requires consent;
- the processing is for direct marketing purposes; and
- the personal data have been unlawfully processed.
But it should be noted these conditions do not apply where the processing is necessary for the conditions below;
- your given consent;
- for exercising the right of freedom of expression and information;
- for the protection of rights of other natural or legal persons;
- for any legal obligation;
- for reasons of public interest;
- in relation to a legal claim;
- for the protection of the rights of another natural or legal person.
(4) Right to restrict processing – s47 DPA 2018 (UK)
You have the right to request for the restriction of processing your personal data from us, we have obligation to follow your request only if the following conditions are met;
- accuracy of the information is disputed by you;
- processing of your personal information is unlawful;
- it is no longer necessary for us to store or process your personal information, but your require your personal information in relation to a legal claim;
- you made an objection to process on the legitimate grounds overriding our legitimate interest.
But it should be noted these conditions do not apply where the processing is necessary for the conditions below;
- your given consent;
- your personal information is necessary for a legal claim;
- for the protection of rights of other natural or legal persons;
- for the reasons of public interest.
(5) Right to object – s99 DPA 2018 (UK)
You have the right to object against processing of your personal information for direct marketing purposes. In complying with the Act, we never process your personal information for direct marketing without your consent, but, we remind you that you have right to object in these circumstances. In case you object us for processing your personal information for direct marketing purposes, we have obligation to stop your personal information for such purposes.
(6) Right to lodge a complaint with a supervisory authority – s165 DPA 2018 (UK)
If you reasonably believe that we are processing your personal information violating your privacy and data protection rights arising from this Act, you can lodge a complaint with a supervisory authority.
(7) Right to withdraw consent
Our legitimate basis for the processing your personal information is your consent. You have the right to withdraw your consent for processing of your personal information, please note that this does not cover the processing of your personal information during your consent is given.
In case we delete or terminate your account, your personal information and data will be securely stored and held for 5 years according to data retention standards in compliance with DPA 2018.
4. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
We will not share, disclose, sell, transfer or dispose any of your personal information and data entrusted to us, to any third party except the purposes explained in this Privacy Policy. We can disclose your personal information to third parties in the following circumstances:
(a) In the event that we provide services or make transaction, we sell or buy any business which may be related to our business or activities of our business, assets or shares, it may be possible we have to disclose your personal information to the prospective buyer or seller of the mentioned business, assets or shares.
(b) We have legal and regulatory obligations to disclose and/or share your personal information for complying with legislation, orders of public and legal authorities, or to protect our legal rights and interests, our property, our safety and/or safety of other natural/legal persons.
(c) It is our legal obligation to cooperate with law enforcement agents (tax authorities, governing bodies, Anti-Money Laundering/Counter-Terrorism Financing authorities or agencies), in investigation and prosecution of illegal or unlawful activities particularly fraudulent activities, frauds, scams, money laundering. Under these circumstances we reserve our right to disclose any personal information to relevant law enforcement bodies and other governing bodies; we have sole discretion to decide whether it is necessary or appropriate in determining any activity as illegal.
We do not share or disclose any of your personal information with any third parties outside of the United Kingdom where there is no equivalent level of data protection regulation. In any event such data transfer may be the subject, we will fulfill all our responsibilities and take further steps to ensure that your personal information is securely processed and stored as it is in the equivalent level of UK, complying with this Privacy Policy and DPA.
5. DURATION OF STORING YOUR PERSONAL INFORMATION
We will retain your personal information to the extent it is deemed necessary for the original purpose of collection data, mainly provision of our services and performance of contract. We will retain your data for seven years after the end of customer relationship. For certain circumstances this period may be extended where it may be deemed as necessary, these circumstances are as follows; money laundering, taxation, intellectual property, public health, and other legal issues.
6. DATA PRIVACY
You can submit any of your request and enforce any of your rights as explained in the ‘Your Rights’ section. We will be assessing your request and respond to your request with the result of assessment latest in 30 days. However, please note that we reserve our right to reject any unreasonable or unsolicited requests or whether the request poses certain risks for the technical infrastructure, rights of other parties, our legitimate interest.
7. SECURITY OF DATA
We take all the necessary steps for the protection of your data; the protection is the utmost priority for us in this respect. We keep updating our security system to the best measures of safekeeping and prevention of unauthorized access and/or cyberattacks. This practice includes every technical security function necessary in means of global cybersecurity standards.
8. COOKIES
A ‘cookie’ is a small text file that is downloaded onto your access device when you visit a website and that enables the website to obtain certain information from your browser, such as your preferences. This website use cookies and similar technologies to provide personalized web pages and to tailor other content to reflect your specific needs and interests. You may configure your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly if cookies are disabled. For further information on cookies, how they are used and how they apply to the use of your personal data, please visit www.aboutcookies.org.
9. PROFILING
We profile your personal data through your visits, transactions, activities, cookies, geolocation information and other technical data for the purposes of better service provision to your needs and preferences. Profiling feature helps us to investigate and identify any suspicious activities, fraudulent activities, money laundering practices, criminal activities in general, and violation of our Terms and Conditions; due to our legal obligations.
10. MARKETING
We collect some of your personal information through cookies to be able to provide you personalized experience with our services and material. You have the sole discretion to adjust your preferred settings for our marketing material; you can always provide your consent or revoke your consent to change your marketing preferences.
11. IP ADDRESS
Whenever your device establishes an internet connection, this connection has a technical reference number, every IP address is a unique address which devices are using for communicating and identifying each other on a computer network. When you visit our website, we collect this information through your internet browser where we can obtain geolocation information. We may also monitor and collect tracking information related to usage including but not limited to your phone number, access date and time, device type and device identification, operating system and hardware setting, browser type, and information derived from SIM card, network operator, IP address, GPS, base station and WLAN. These technical data are important to ensure you can use our services properly and we keep your information for provision of your personal information where it may be necessary for the purposes of any criminal, financial and/or legal investigation. We collect your IP information and such data only for the purposes stated herein.
12. CHANGES TO PRIVACY POLICY
We reserve the right to change our Privacy Policy at any time without prior notice or liability towards any client. Your continued use of Berkeley Weston Ltd and this website is deemed your acceptance of the modified Privacy Policy.
Changes or modifications shall be uploaded to this section as a part of Privacy Policy. In any event of failure to update any provision to Privacy Policy at this section shall not be deemed a waiver of this provision.
13. CONTACT US
If you have any request related to our Privacy Policy or if you think we have not complied with any of the provisions stated herein, please contact us through email at phil.weston@berkeleyweston.co.uk
14. RIGHT OF REPORTING TO COMMISSIONER AUTHORITY
You have the right to lodge a complaint or report to the commissioner for any infringement of your rights stated herein. Before lodging any complaint, you can also directly contact us for discussing the matter and finding a remedy. In case you still have intention to lodge a complaint, you can contact the Commissioner through the following link: https://ico.org.uk/
© 2021 Berkeley Weston Ltd. All rights reserved.
