Affiliate Programme TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions apply to participants in the Rival Crafts Affiliate Programme. (“The Affiliate Programme”) operated by Sarah Michell trading as Rival Crafts of Polcrebo Farm, Nancegollan, Helston, Cornwall, TR13 0BG (“the Company”).
The Company operates the Rival Crafts website at
www.rivalcrafts.co.uk (“the Company Website”) for the purposes of marketing its goods to its users. Affiliates (each an “Affiliate”) operate their own websites (each an “Affiliate Website”) for the purposes of marketing their goods and/or services to their users.
Affiliates participating in the Affiliate Programme shall include one or more Affiliate Link Pages on their Affiliate Websites which shall link to a Landing Page on the Company Website.
Affiliates are required to promote Rival Crafts website and products by means of social media platforms using branded Banners / Advertisements and Pictures supplied to the Affiliate by the Company which shall also link to a Landing Page on the Company Website.
The Affiliate will earn a commission for a completed sale from the Company’s Website by an Affiliate Referred User who has clicked through directly to the Company Website from an Affiliate Link and that purchase has been completed within a 30 day period. This will be a % of the completed sale, as described in Clause 7.
By accepting these Terms and Conditions, the Affiliate hereby applies to become a member of the Affiliate Programme subject to these Terms and Conditions and shall enter into a contract with the Company on those terms upon the Company’s acceptance of the Affiliate’s application, as described in Clause 2. There will therefore be no signed paper copy of the
affiliate agreement.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Landing Page”
means a web page on the Company Website
“Affiliate Link Page”
means a web page on the Affiliate Website which shall link directly to a Landing Page on the Company Website;
“Affiliate Referred User”
means a user who has clicked through to the Company Website from an Affiliate Link Page or other linked Banner / Advertisment;
“Affiliate Website”
means the website of an Affiliate enrolled in the Affiliate Programme;
“Agreement”
means the agreement entered into by the Company and the Affiliate incorporating these Terms and Conditions which shall govern the Affiliate Programme, as described in Clause 2;
Affiliate Programme Terms and Conditions (Goods) 2 “Commission”
means the commission payable by the Company to the Affiliate for Completed Sales, as set out in Clause 7;
“Completed Sale”
means the completed purchase of goods offered for sale on the Company Website by an Affiliate Referred User who has clicked through directly to the Company Website from an Affiliate Link Page and that purchase has been completed within a 30 day period;
“Confidential Information”
means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Effective Date”
means the date of the Agreement, as described in subClause 2.4; “Net Revenue” means, in respect of each Completed Sale, the gross revenue received by the Company, exclusive of VAT and any other tax, after the deduction of any rebate, allowance, credit, or other adjustment granted or allowed with respect to that Completed Sale, and any service fees or fulfilment or other charges (including credit card charges) paid or payable by the Company to any third party (other than the Affiliate) in relation to that Completed Sale.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions;
1.2.5 a "Party" or the "Parties" refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include any other gender.
1.6 References to persons shall include corporations.
2. Enrolment in the Affiliate Programme
2.1 By enrolling in the Affiliate Programme, the Affiliate agrees that, at the time of registration, they will provide accurate and complete registration data and that the registration data will be updated and amended as required in the event of future changes.
2.2 Acceptance of these Terms and Conditions and the Affiliate’s indication that they wish to enrol in the Affiliate Programme constitutes an application to enrol in the Affiliate Programme which the Company may, at its sole discretion, accept.
2.3 The Company may, at its sole discretion, review the Affiliate Website following the Affiliate’s acceptance of these Terms and Conditions. In the event that the Company rejects the Affiliate’s application, no contract will be formed between the Company and the Affiliate. The Company will explain in writing the reasons for rejecting the Affiliate’s application.
2.4 Upon the Company’s acceptance of the Affiliate’s application to enrol in the Affiliate Programme, a contract shall be formed between the Company and the Affiliate, subject to and incorporating these Terms and Conditions (“the Agreement”). The Affiliate shall be notified forthwith and the date on which the Agreement is formed shall be referred to as the Effective Date.
2.5 The Agreement shall be non-exclusive and shall not restrict or prevent the Company from entering into similar or different arrangements with third parties.
2.6 The Agreement shall be non-exclusive and shall not restrict or prevent the Affiliate from entering into similar or different arrangements with third parties, subject to and incorporating the Terms and Conditions within (“the Agreement”)
2.7 The Affiliate represents and warrants the following:
No Current or Prior Conflict of Interest.
That the Affiliate has no business, professional, personal, or other interest, including, but not limited to, the representation of other Brand Names, Retailers or Manufacturers, that would conflict in any manner or degree with the performance of the Affiliates obligations under this Agreement.
Notice of Potential Conflict.
If any such actual or potential conflict of interest arises under this Agreement, the Affiliate shall immediately inform the Company in writing of such conflict.
Termination for Material Conflict.
If, in the reasonable judgment of the Company, such conflict poses a material conflict to and with the performance of the Affiliates obligations under this Agreement, then the Company may terminate the Agreement immediately upon written notice to the Affiliate; such termination of the Agreement shall be effective upon the receipt of such notice by the Affiliate.
3. The Company’s Obligations
3.1 The Company shall be responsible for operating and maintaining the Company Website.
3.2 The Company shall create, operate, and maintain Affiliate Link Landing Pages.
3.3 The Company shall at its discretion display the Affiliates Logo and provide a link to the Affiliates Website / Social media platform within a dedicated page of the Company Website, in accordance with these Terms and Conditions and any reasonable written instructions provided by the Affiliate.
3.4 The Company shall at its discretion showcase the Affiliates work (including, but not limited to, Pictures of the Affiliates projects) within the Gallery page of the Company Website if requested.
3.5 The Company shall provide to the Affiliate the required materials to link to the Company Website Landing Page. These materials include the code for the link and image files to which such code should be applied.
3.6 Access to the Company Website shall be provided to all Affiliate Referred Users in accordance with the Company’s standard website terms of use, terms of sale, privacy policy, and other applicable terms and policies which may apply from time to time.
3.7 The Company reserves the right to change the name of the Company Website at any time without notice.
4. Affiliate’s Obligations
4.1 The Affiliate shall use all commercially reasonable endeavours to market and promote the Company Website and the Company’s goods via the Affiliate Link Page(s) in order to generate the maximum number of Completed Sales.
The Affiliate will be deemed to be in breach of ("the Agreement") should the Affiliate actively promote products from other Manufacturers, Retailers or Brand Names which are similar to those in the Rival Crafts range. This will be seen as a conflict of interests as per the Terms and Conditions set out in sub-Clause 2.7
4.2 The Affiliate shall operate and maintain the Affiliate Website as under sub-Clause 5.1 and provide the materials set out in sub-Clause 5.2.
4.3 The Affiliate shall provide the Company with all reasonable co-operation required in relation to the Company’s performance of its obligations under the Agreement.
4.4 The Affiliate shall provide the Company with access to any and all information which may be reasonably required by the Company in relation to the Company’s performance of its obligations under the Agreement.
4.5 The Affiliate shall comply with all applicable laws and regulations with respect to its business and to the Agreement.
4.6 In the event of any delay on the part of the Affiliate in the performance of its obligations under the Agreement, the Company shall have the right to proportionately adjust any dates for performance of its own obligations to the Affiliate as is reasonably necessary.
4.7 The Affiliate shall have no authority to legally bind the Company with respect to Affiliate Referred Users, other users, or any other party. The Affiliate shall not be appointed an agent of the Company for any purposes. The Affiliate shall not make any representation or commitment about or on behalf of the Company, the Company Website, or the Company’s goods or services.
5. The Affiliate Website and Materials
5.1 The Affiliate shall be responsible for operating and maintaining the Affiliate Website including, but not limited to, the proper operation and maintenance of all links to the Company Website.
5.2 The Affiliate shall promptly, following the Effective Date submit the following materials to the Company:
5.2.1 Images for use on the Company Website (including, but not limited to, the Affiliate’s logo); 5.2.2 Designs and copy for its Affiliate Link Page(s) for the Company’s approval;
5.2.3 Changes to the designs and copy for its Affiliate Link Page(s) made following feedback from the Company, as applicable, for the Company’s approval;
5.2.4 Any and all forms of advertisements, promotional material, pictures and social media posts for the Company’s approval prior to use.
6. Affiliate Reports
At the end of each calendar month, the Company shall provide to the Affiliate a report setting out the following data for that calendar month:
6.1 The total number of click-throughs to the Company Website from the Affiliate Link Page(s);
6.2 The number of Completed Sales, including a statement of the sums due to the Affiliate as set out below in Clause 7.
7. Commission and Payment
7.1 The Company shall pay to the Affiliate Commission at the rates set out in subClause 7.2 on the Net Revenue for each Completed Sale.
7.2 Commission shall be calculated on the following basis:
Completed Sales Rate of Commission £0 to £250 per calendar month 10%
£250 to £500 per calendar month 12%
£500 and over per calendar month 15%
7.3 Commission shall be payable only on actual receipts, not on an accruals basis. If the Company does not receive revenue on a Completed Sale, no Commission shall be payable to the Affiliate.
7.4 Affiliates will be receive their Commission payments from the Company in one of two ways. Either in the form of a monetary payment via Paypal or by store Gift Card which can be redeemed in the Rival Crafts Store, only one Gift Card can be redeemed per transaction.
7.5 There is a minimum payout amount of £10.00
If you selected Paypal as your preferred method of payment
Your commission is calculated at the end of each calendar month and you will receive whatever commission you have earned for that calendar month within 7 days.
The reason it can take up to 7 days to receive your calculated payment for any one month is because we have to allow for any product returns and for processing refunds to customers which would have an affect on the amount of commission you are due.
If you selected Gift Card as your preferred method of payment
You will automatically receive a Gift Card code via email every time you reach the minimum payout amount
7.6 All sums payable shall be exclusive of VAT. If VAT is chargeable, it shall be paid in addition.
7.7 The Affiliate shall immediately notify the Company if its contact details or address details change during the term of the Agreement and shall complete any and all forms required by HM Revenue & Customs and any other applicable public authority with respect to its activities under the Agreement.
7.8 The report specified above in Clause 6 shall include a statement of the sums due from the Company to the Affiliate for the calendar month to which the report applies. The Company shall pay such sums to the Affiliate within 7 calendar days after the date of the report or, if later, within 7 calendar days of the receipt of a proper VAT invoice.
7.9 In the event of any refunds issued for any reason including, but not limited to fraud and where such refunds are not incurred through any fault of the Company’s, the Affiliate may be contacted to arrange for the repayment of any related Commission which should be paid to the Company within 30 days.
8. Intellectual Property Rights
8.1 Upon the Affiliate’s enrolment into the Affiliate Programme, the Company shall grant to the Affiliate a non-exclusive, non-transferrable, royalty free licence to use the Company’s trademarks and any and all other materials provided by the Company to the Affiliate to the extent required to establish links, in the form of Affiliate Link Pages, to the Company Website and to perform the Affiliate’s obligations under the Agreement.
8.2 By enrolling in the Affiliate Programme and submitting the materials specified in sub-Clause 5.2 to the Company, the Affiliate shall grant to the Company a non-exclusive, non-transferrable, royalty free licence to use the Affiliate’s trademarks and any and all other materials to the extent required to operate the Affiliate Programme and to perform the Company’s obligations under the Agreement.
8.3 The Affiliate acknowledges and agrees that the Company (and its licensors, as applicable) own all intellectual property rights in the Company Website, any materials provided by the Company, and the Company’s goods and services. Except as expressly stated herein, the Agreement shall not grant the Affiliate any rights to or in any copyrights, patents, database rights, trade marks (registered or unregistered), trade names, trade secrets, or any other rights or licences belonging to the Company.
8.4 The Company acknowledges and agrees that the Affiliate (and its licensors, as applicable) own all intellectual property rights in the Affiliate Website and any materials provided by the Affiliate. Except as expressly stated herein, the Agreement shall not grant the Company any rights to or in any copyrights, patents, database rights, trade marks (registered or unregistered), trade names, trade secrets, or any other rights or licences belonging to the Affiliate.
9. Confidentiality
9.1 Except as provided by sub-Clause 9.2 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Agreement and for 5 years after its expiry or termination:
9.1.1 keep confidential all Confidential Information;
9.1.2 not disclose any Confidential Information to any other party;
9.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
9.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
9.1.5 ensure that none of its directors, officers, employees, agents, subcontractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 9.1.1 to 9.1.4 above.
9.2 Either Party may:
9.2.1 disclose any Confidential Information to:
a) any sub-contractor or supplier of that Party;
b) any governmental or other authority or regulatory body; or
c) any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law. In each case that Party shall first inform the person, party, or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 9.2.1(b) or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 9, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made;
9.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
9.3 The provisions of this Clause 9 shall continue in force in accordance with their terms, notwithstanding the termination or expiry of the Agreement for any reason.
10. Data Protection
10.1 Each Party shall at all times, and at its own expense, ensure that it complies with the requirements of all legislation and regulatory requirements in force from time to time with respect to the use of personal data, and shall assist the other Party in complying with the same.
10.2 The legislation and regulatory requirements referred to in sub-Clause 10.1 include, but are not limited to, the Data Protection Act 2018 and any successor legislation, the EU General Data Protection Regulation (2016/679) (“GDPR”) for as long as and to the extent that EU law has legal effect in the UK, any UK legislation enacted as a successor to the GDPR, and any other directly applicable EU legislation relating to privacy and data protection (including successor UK legislation).
11. Indemnity
11.1 Subject to sub-Clause 11.3, the Affiliate shall indemnify the Company against all liabilities, costs, expenses, damages, and losses (including, but not limited to, direct or consequential loss, loss of profit, loss of reputation, and any and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable costs and expenses) suffered or incurred by the Company arising out of or in connection with the Affiliate Website or the marketing or sale of goods or services on the Affiliate Website.
11.2 Subject to sub-Clause 11.3, the Company shall indemnify the Affiliate against all liabilities, costs, expenses, damages, and losses (including, but not limited to, direct or consequential loss, loss of profit, loss of reputation, and any and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable costs and expenses) suffered or incurred by the Affiliate arising out of or in connection with the Company Website or the marketing or sale of goods or services on the Company Website.
11.3 The indemnities set out in sub-Clauses 11.1 and 11.2 shall apply provided that:
11.3.1 The indemnifying Party is given prompt notice of any such claim;
11.3.2 The indemnified Party provides reasonable co-operation to the indemnifying Party in the conduct of such claim at the indemnified Party’s expense; and
11.3.3 The Indemnifying Party is given the sole authority to defend or settle the claim.
12. Liability
12.1 Subject to sub-Clause 12.4, neither Party shall be liable to the other, whether in contact, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, goodwill, or anticipated savings.
12.2 Subject to sub-Clause 12.4, Neither Party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
12.2.1 Any loss arising out of the lawful termination of the Agreement or any decision not to renew its Term;
12.2.2 Any loss that is an indirect or secondary consequence of any act or omission of the Party in question.
12.3 Subject to sub-Clause 12.4, the total liability of either Party to the other in respect of all other loss or damage arising under or in connection with these Terms and Conditions or the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total cost of goods or services provided for the entire Term of the Agreement.
12.4 Nothing in these Terms and Conditions or the Agreement shall limit or exclude the liability of either Party for death or personal injury caused by its negligence or the negligence of its directors, officers, employees, agents, sub-contractors or advisers; fraud or fraudulent misrepresentation; liability under the indemnity provisions set out above in Clause 11; or for any other matter in respect of which it would be unlawful to exclude or restrict liability.
13. Term and Termination
13.1 The Agreement shall come into force on the Effective Date and shall continue until terminated by either party, subject to the provisions of this Clause 13.
13.2 The Company may terminate the Agreement on notice at any time if it discontinues or withdraws (in whole or in part) the Affiliate Programme. The Company shall use reasonable endeavours to provide the Affiliate with as much notice as is reasonably possible. Such termination shall be without any liability to the Affiliate.
13.3 Either Party may terminate the Agreement by giving to the other not less than 14 days written notice, the Agreement will be terminated at the end of the notice period. Any commission owed to the Affiliate will be paid by the Company 7 days after the end of the calendar month in which the notice period ends. This allows commissions to be calculated and payments made as per Clause 7 of this Agreement.
13.4 Without prejudice to any other rights or remedies to which either Party may be entitled, either Party may terminate the Agreement (without liability to the other) if:
13.4.1 any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 7 days of the due date for payment;
13.4.2 the other Party commits any other material breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within 7 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
13.4.3 an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
13.4.4 the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
13.4.5 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
13.4.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
13.4.7 the other Party ceases, or threatens to cease, to carry on business;
13.4.8 control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause 13, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
13.5 For the purposes of sub-Clause 13.5.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
13.6 The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
14. Effects of Termination
Upon the termination of the Agreement for any reason:
14.1 any sum owing by either Party to the other under any of the provisions of the Agreement shall become due and payable subject to the terms set out in this Agreement;
14.2 all licences and benefits granted under the Agreement shall terminate immediately;
14.3 each Party shall return to the other Party (or destroy or otherwise dispose of, as requested) and make no further use of any materials, property, or other items (and any and all copies thereof) belonging to the other Party;
14.4 each Party shall (except to the extent referred to in Clause 9) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information;
14.5 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
14.6 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which exist at or before the date of termination.
15. Force Majeure
15.1 Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.
15.2 [In the event that a Party cannot perform their obligations as a result of force majeure for a continuous period exceeding 30 days, the other Party may at its discretion terminate the Agreement by 14 days written notice at the end of that period.
16. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
17. Further Assurance
Each Party shall execute and do all such further deeds, documents, and things as may be necessary to carry the provisions of the Agreement into full force and effect.
18. Costs
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution, and carrying into effect of the Agreement.
19. Assignment and Other Dealings
19.1 The Affiliate shall not assign, mortgage, charge (otherwise than by floating charge), declare a trust over, or sub-licence or otherwise delegate any of its rights under the Agreement, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the Company, such consent not to be unreasonably withheld.
19.2 The Company may assign, mortgage, charge, declare a trust over, or sublicence or otherwise delegate any of its rights under the Agreement, or subcontract or otherwise delegate any of its obligations thereunder.
20. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
21. Third Party Rights
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
22. Notices
22.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
22.2 Notices shall be deemed to have been duly given:
22.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
22.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or 22.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
22.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid. In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
23. Entire Agreement
23.1 The Agreement, incorporating these Terms and Conditions, constitutes the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
23.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
24. Severance
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
25. Law and Jurisdiction
25.1 The Agreement and these Terms and Conditions (including any noncontractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
25.2 Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
26. Legal Age of Affiliate
26.1 Any Affiliate or representative thereof must be at least eighteen (18) years of age to participate in any Rival Craft Affiliate program. Affiliate, by executing this Agreement, affirms that he or she is at least 18 years old.
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TR13 0BG.
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clicking a link on Our Site which takes you to a Third party site you
will be leaving Our site and will be subject to the terms and conditions
of the Third party website. We will no longer be responsible for the
protection / privacy of any information you provide to the Third party
website which will not be governed by the Terms and Conditions or
Privacy/Cookie Policies of Our Site. You are responsible for examining
the policies applicable to any website visited outside of Our Site.
3.4 All Cookies used by and on Our Site are used in
accordance with current Cookie Law. We may use some or all of the
following types of Cookie:
3.4.1 Strictly Necessary Cookies
A Cookie falls into this category if it is
essential to the operation of Our Site, supporting functions such as
logging in, your shopping basket, and payment transactions.
3.4.2 Analytics Cookies
It is important for Us to understand how you use
Our Site, for example, how efficiently you are able to navigate around
it, and what features you use. Analytics Cookies enable us to gather
this information, helping Us to improve Our Site and your experience of
it.
3.4.3 Functionality Cookies
Functionality Cookies enable Us to provide
additional functions to you on Our Site such as personalisation and
remembering your saved preferences. Some functionality Cookies may also
be strictly necessary Cookies, but not all necessarily fall into that
category.
3.4.4 Targeting Cookies
It is important for Us to know when and how often
you visit Our Site, and which parts of it you have used (including which
pages you have visited and which links you have visited). As with
analytics Cookies, this information helps us to better understand you
and, in turn, to make Our Site and advertising more relevant to your
interests. Some information gathered by targeting Cookies may also be
shared with third parties.
3.4.5 Third Party Cookies
Third party Cookies are not placed by Us; instead,
they are placed by third parties that provide services to Us and/or to
you. Third party Cookies may be used by advertising services to serve up
tailored advertising to you on Our Site, or by third parties providing
analytics services to Us (these Cookies will work in the same way as
analytics Cookies described above).
3.4.6 Persistent Cookies
Any of the above types of Cookie may be a
persistent Cookie. Persistent Cookies are those which remain on your
computer or device for a predetermined period and are activated each
time you visit Our Site.
3.4.7 Session Cookies
Any of the above types of Cookie may be a session
Cookie. Session Cookies are temporary and only remain on your computer
or device from the point at which you visit Our Site until you close
your browser. Session Cookies are deleted when you close your browser.
3.5 For more details of the personal data that We
collect and use, the measures we have in place to protect personal data,
your legal rights, and our legal obligations, please refer to our
Privacy Policy www.rivalcrafts.co.uk/privacy
4. Consent and Control
4.1 When entering Our Site you will be shown a
Cookie Notification pop up which states (In order to provide you with
the best online experience this website uses cookies. By using our
website, you agree to our use of cookies). Please leave Our Site
immediately if you do not consent to having Cookies placed. By
continuing to use Our Site you are giving your consent to the placing of
Cookies which enables Us to provide the best possible experience and
service to you.
4.2 You can also choose to enable or disable
Cookies in your internet browser. Most internet browsers also enable you
to choose whether you wish to disable all Cookies or only third party
Cookies. By default, most internet browsers accept Cookies but this can
be changed. For further details, please consult the help menu in your
internet browser or the documentation that came with your device.
5. Changes to this Cookie Policy
5.1 We may alter this Cookie Policy at any time.
Any such changes will become binding on you on your first use of Our
Site after the changes have been made. You are therefore advised to
check this page from time to time.
5.2 In the event of any conflict between the
current version of this Cookie Policy and any previous version(s), the
provisions current and in effect shall prevail unless it is expressly
stated otherwise.
6. Further Information
6.1 If you would like to know more about how We use
Cookies, please contact Us at info@rivalcrafts.co.uk or by post at
Polcrebo Farm, Nancegollan, Helston, Cornwall, TR13 0BG.
6.2 For more information about privacy, data protection and our terms and conditions, please see
Rival Crafts
info@rivalcrafts.co.uk
Website Privacy Policy
Rival Crafts understands that your privacy
is important to you and that you care about how your personal data is
used. We respect and value the privacy of everyone who visits this
website,
www.rivalcrafts.co.uk (“Our Site”) and will only collect and
use personal data in ways that are described here, and in a way that is
consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and
ensure that you understand it.
Your acceptance of this Privacy Policy is
requested prior to completing our checkout process by ticking the
relevant box at checkout. You are also requested to accept our Privacy
policy/ Cookie policy and Affiliate Agreement (Terms and Conditions)
prior to becoming an Affiliate by ticking the relevant box on the
Affiliate registration page. By using our website you are agreeing to
our use of cookies.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“
Account” means an account required to access and/or use certain areas and features of Our Site;
“Cookie” means a small text file placed on your
computer or device by Our Site when you visit certain parts of Our Site
and/or when you use certain features of Our Site. Details of the types
of Cookies used by Our Site can be found in Our Cookie policy, click here
to learn more.
“
Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;]
Information About Us
Our Site is owned and operated by Sarah Michell t/a Rival Crafts
Registered address: Polcrebo Farm, Nancegollan, Helston, Cornwall, TR13 0BG.
Email address: info@rivalcrafts.co.uk.
What Does This Policy Cover?
This Privacy Policy applies only to your use of Our
Site. Our Site may contain links to other websites. Please note that we
have no control over how your data is collected, stored, or used by
other websites and we advise you to check the privacy policies of any
such websites before providing any data to them.
What Is Personal Data?
Personal data is defined by the General Data
Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data
Protection Act 2018 (collectively, “the Data Protection Legislation”)
as ‘any information relating to an identifiable person who can be
directly or indirectly identified in particular by reference to an
identifier’.
Personal data is, in simpler terms, any information
about you that enables you to be identified. Personal data covers
obvious information such as your name and contact details, but it also
covers less obvious information such as identification numbers,
electronic location data, and other online identifiers.
What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection
and use of your personal data. This Privacy Policy should tell you
everything you need to know, but you can always contact us to find out
more or to ask any questions.
b) The right to access the personal data we hold about you.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.
d) The right to be forgotten, i.e. the right to ask
us to delete or otherwise dispose of any of your personal data that we
hold. Please contact us to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that,
if we are relying on your consent as the legal basis for using your
personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that,
if you have provided personal data to us directly, we are using it with
your consent or for the performance of a contract, and that data is
processed using automated means, you can ask us for a copy of that
personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal
data or exercising your rights as outlined above, please contact us
using the details provided.
It is important that your personal data is kept
accurate and up-to-date. If any of the personal data we hold about you
changes, please keep us informed as long as we have that data.
Further information about your rights can also be
obtained from the Information Commissioner’s Office or your local
Citizens Advice Bureau.
If you have any cause for complaint about our use
of your personal data, you have the right to lodge a complaint with the
Information Commissioner’s Office. We would welcome the opportunity to
resolve your concerns ourselves, however, so please contact us first.
How Can I Control My Personal Data?
In addition to your rights under the Data
Protection Legislation, set out above, when you submit personal data via
Our Site, you may be given options to restrict our use of your personal
data. In particular, we aim to give you strong controls on our use of
your data for direct marketing purposes (including the ability to
opt-out of receiving emails from us which you may do by unsubscribing
using the links provided in our emails and at the point of providing
your details and by managing your Account).
You may also wish to sign up to one or more of the
preference services operating in the UK: The Telephone Preference
Service (“the TPS”), the Corporate Telephone Preference Service (“the
CTPS”), and the Mailing Preference Service (“the MPS”). These may help
to prevent you receiving unsolicited marketing. Please note, however,
that these services will not prevent you from receiving marketing
communications that you have consented to receiving.
Data Protection
We comply with the principles of the General Data
Protection Regulation (GDPR) when dealing with all data received from
customers or visitors to our website.
The security of your personal data is essential to
us, and to protect your data, we take a number of important measures,
including the following:
• limiting access to your personal data to those
employees, agents, contractors, and other third parties with a
legitimate need to know and ensuring that they are subject to duties of
confidentiality;
• procedures for dealing with data breaches (the
accidental or unlawful destruction, loss, alteration, unauthorised
disclosure of, or access to, your personal data) including notifying you
and/or the Information Commissioner’s Office where we are legally
required to do so;
Our Services
We only hold the data necessary to offer services
provided on our website. We do not ask for or use more data than
necessary to provide you with a proper service. This means we only
process and hold data related to purchases and subsequent support
related to those purchases, in accordance with Article 6(1)(b) of the
General Data Protection Regulation (GDPR). Any processing of your data
is only done to provide or perform the services or products you have
purchased.
What Data Do You Collect and How?
Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data listed below.
Identity Information
including
Name, Surname, Date of birth,Gender, Title.
You enter your details at checkout when making a purchase from Our Site.
You message Us via a social media platform
You enter your details when signing up to Our Affiliate program
You send Us a message using Our contact form.
You supply information and pictures to Us to be added onto Our Site / Gallery
Contact information including.
Address, Telephone number, Email address
You enter your details at checkout when making a purchase from Our Site.
You enter your details when signing up to Our Affiliate program
You send Us a message using Our contact form.
You supply information and pictures to Us to be added onto Our Site / Gallery
You message Us via a social media platform
You supply your email address to create an account for the purpose of tracking your orders.
You click the box at checkout to agree to marketing emails from Us
Business information
including
Business Name, Job Title
You enter your details at checkout when making a purchase from Our Site.
You enter your details when signing up to Our Affiliate program
You send Us a message using Our contact form.
Payment information
We do not see or store any sensitive payment
information about Our customers. All transactions are dealt with via
the following Third party websites, Square.com and Paypal.com
We only use hold Paypal registered email addresses for the purposes of refunding payments and to pay our Affiliates.
Profile information
including
Preferences, Interests, Login details and Purchase history
You enter your details at checkout when making a purchase from Our Site
You make a purchase from Our Site and provide your
email address to join/register an account to enable the tracking of your
previous orders.
You supply information and pictures to Us to be added onto Our Site / Gallery
You message Us via a social media platform
You enter your details when signing up to Our Affiliate program
You send Us a message using Our contact form.
You click the box at checkout to agree to marketing emails from Us.
Technical information including
IP address, browser type, operating system and version.
You enter your details at checkout when making a purchase from Our Site
You make a purchase from Our Site and provide your
email address to join/register an account to enable the tracking of your
previous orders.
You supply information and pictures to Us to be added onto Our Site / Gallery
You message Us via a social media platform
You enter your details when signing up to Our Affiliate program
You send Us a message using Our contact form.
You click the box at checkout to agree to marketing emails from Us.
You click an Affiliate link to be referred to Our
Site to complete your purchase,
Cookies are placed to track the
referring Affiliate.
Data from third parties including
Affiliatly, Ionos, Square and Paypal
Ionos provide the web hosting, email storage and ecommerce solutions for Our Site.
Square and Paypal provide Us with order confirmation details.
Affiliatly provide Us with details of purchases
made by Affiliate referred users via Our Affiliate links. No personal
information is collected or stored about the customer making the
purchase, only information about which Affiliate link was used, for the
purpose of rewarding the Affiliate only.
What We Do - What Data We Use - Our Lawful Basis
Registering you on Our Site and as an Affiliate
Identity, Contact, Business, Profile,
Lawful Basis - Contract.
Providing and managing your Account.
Identity, Contact, Business, Profile, Payment, Technical, Data from Third Parties
Lawful Basis - Contract.
Personalising and tailoring your experience on Our Site.
Identity, Contact, Business, Profile, Technical, Data from Third Parties
Lawful Basis - Legitimate Interest - To provide you with a better experience
Administering Our Site.
Identity, Contact, Business, Profile, Technical, Data from Third Parties.
Lawful Basis - Legitimate Interest - To provide you with improved services and to investigate technical issues.
Administering our business.
Identity, Contact, Business, Profile, Payment, Technical, Data from Third Parties.
Lawful Basis - Legal
Supplying our products AND/OR services to you.
Identity, Contact, Business, Profile, Payment, Technical, Data from
Third Parties.
Lawful Basis - Contract.
Managing payments for our products AND/OR services.
Identity, Contact, Business, Profile, Payment, Technical, Data from Third Parties.
Lawful Basis - Contract.
Personalising and tailoring our products AND/OR services for you.
Identity, Contact, Business, Profile, Technical, Data from Third Parties.
Lawful Basis - Legitimate interests - To provide you with a better experience
Communicating with you.
Identity, Contact, Business, Profile,
Lawful Basis - Consent.
Contract.
Supplying you with information by email AND/OR
post that you have opted-in-to (you may opt-out at any time by
contacting Us using the form on Our contact page or by email
info@rivalcrafts.co.uk.
Identity, Contact, Business, Profile, Technical, Data from Third Parties.
Lawful Basis - Consent.
Contract
We do not collect any ‘special category’ or
‘sensitive’ personal data OR personal data relating to children OR data
relating to criminal convictions and/or offences.
Required Period
We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
Card & Payment Processing Data
We use third-party payment providers to handle card
and payment processing data securely. We never see or store any card or
payment information. In accordance with Article 6(1)(b) of the General
Data Protection Regulation (GDPR) any other data is only used to process
your purchase securely. In accordance with Article 6(1)(c) of the
General Data Protection Regulation (GDPR), we need to retain data
related to all purchases to fulfil our existing legal obligations to
account for tax and VAT on all transactions.
Backup & Data Storage
For administrative reasons, customer data and email
subscription data may be passed to and stored securely with third party
service providers located outside the EEA (European Economic Area).
This is done to backup and preserve your data where it is needed to
carry on offering a service to you.
Customer Requests
As a customer, you can at any time (and free of
charge) request details of the data we hold relating to you - and you
can also request any such data is amended or deleted. Please note that
if you request deletion of your data, this may prevent us from offering
any further support relating to your previous purchases.
Email Updates
We regularly email website news and information
updates to those customers who have specifically subscribed to our email
service. All subscription emails sent by us contain clear information
on how to unsubscribe from our email service. Our email service is an
opt-in service only; with your prior consent required in accordance with
Article 6(1)(a) of the General Data Protection Regulation (GDPR). This
means to subscribe you must enter your details into the email
subscription page and submit them to us.
Our Promise
We never sell rent or exchange mailing lists.
Data Sharing With Partners
We do not share commercial or technical data with
our partners unless we have specifically sought and obtained your prior
approval. Where we request such approval, we will always fully disclose
how your data is used.
Please note that even when we have your specific
consent, we only share data with partners that operate their own privacy
policy in full accordance with the General Data Protection Regulation
(GDPR).
Spam
In accordance with the Privacy and Electronic
Communications (EC Directive) Regulations 2003, we never send bulk
unsolicited emails, to email addresses.
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
Our website uses "cookies" to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.
Cookies placed for the purpose of tracking Affiliate referred links will remain for 30 days.
This policy was last updated on 03/03/20
