Who we are
Our website address is: https://www.wowmerchandise.co.uk.
WOW MERCHANDISE TERMS AND CONDITIONS
1. The quoted price for the goods may be varied by the Company and the current price for any goods ordered will be the price applicable at the date of the placing of the order (“the prevailing price”) which price will be notified to the customer prior to the acceptance by the company of the customer’s order. Any order received by the Company to purchase goods shall be deemed to be an offer to purchase the goods at the prevailing price and for the avoidance of doubt notification of the prevailing price to the customer shall not be deemed to be a counter-offer.
2.(a) Acceptance of any order shall be by means of any written acknowledgement whether or not it seeks to impose new conditions (unless clearly stated on its face to be a counter-offer).
(b) The Company shall not be obliged or required to accept any alteration or amendment to an order or any of the items and conditions thereof but in the event of such alteration and amendment accepted by such shall be valid only if evidenced by email, letter or fax by the Company.
The prices which will be quoted prior to the acceptance of the customer’s order by the Company are and will be exclusive of:
‑Value Added Tax which will be changed in addition to the customer’s price at the rate for the time being prevailing.
‑Postage and carriage which will be charged in addition to the prevailing price at the rate prevailing at the time of the delivery of the goods.
‑The cost of preparing proofs and making die screens, jacquards, tools, masters, engraving and setting up costs in connection with any of the foregoing price of which works will always be priced separately and shall be payable in addition to the prevailing price of the goods provided always that such items shall be and remain the property of the Company.
The description of the various items contained in any promotional material, campaign poster or circular are given by way of and for the purpose of identification only and the use of the said description shall not constitute a sale by description.
Notwithstanding that any sample has been exhibited or inspected by the customer it is hereby declared that the Company exhibits such samples and permits the inspection thereof by the buyer solely to enable the buyer to judge for himself the quality of the bulk and not so as a to constitute a sale by sample. The customer takes any goods purchased from the company at his own risks as to their correspondence with any sample and generally as to their quality, condition or fitness of sufficiency for any purpose.
The customer shall inspect the goods immediately upon delivery thereof into the customer’s possession (as hereinafter declined) and shall within seven days of such delivery give notice in writing to the Company of any matter or thing by reason whereof it is alleged that the goods are not in accordance with _contract between the customer and the Company. If the buyer shall fail to give such notice the said goods shall be deemed to be in all respect in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly.
Delivery shall be deemed to have occurred when the goods have been delivered to the place of delivery specified by the customer at the time such goods are ordered.
The Company shall not be liable for any loss, damage, injury, failure or delay in delivery due to any event of circumstances whether arising from natural causes human agency or otherwise beyond the control of the Company or its supplies or suppliers of raw materials to its suppliers including, but without prejudice to the generality of the foregoing, inability to obtain raw materials, enemy action, acts of war, civil commotion, accidents, plant breakdowns, interference by labour strikes, lockouts, acts of God or government, aircraft explosion, flooding, malicious mischief or theft or any restrictive regulation order act or omission or operation by any local or municipal authority or government department.
All goods ordered by a customer of the company shall unless the Company shall agree in writing be paid for by the customer prior to the said goods hereby sent by the Company to the customer and in the case of goods ordered by the specific design or specification of the customer on acceptance by the Company of the order. Interest at a rate of 4% above NatWest Bank Base Rate with half yearly stops may be charged by the Company in its absolute discretion from the date payment shall be due until payment.
The Company shall be deemed to have performed the contract with the customer for the sale of goods if the quantity it delivers is within the range of 10% less and 10% more than the quantity specified in the said contract unless the customer specifies only the exact quantity is to be supplied.
In the event that the Company performs its contract in accordance with clause 12 hereof the price of the goods shall be varied in accordance with the variation in quality and the customer shall pay the price so varied. Reference in these Terms and Conditions to the prevailing prices shall include the prevailing price so varied.
12. (a) Risk in the goods passes when they are delivered to the customer.
(b) Notwithstanding the earlier passing of risk title in the goods shall remain with the Company and shall not be passed to the customer until the amount due under the invoice for them has been paid in full.
(c) Until title passes the customer shall hold the goods as bailee for the Company and shall store or make them or they can at all times be identified as the property of the Company.
(d) The Company shall be entitled at all times before the title passes to repossess all or any of the goods and for that purpose to enter any premises of the customer.
(e) Until the title passes the entire proceeds of sale of goods shall be held in trust for the Company and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company’s money.
(f) The Company shall be entitled to maintain an action for the price of any goods notwithstanding that title to them has not passed to the customer.
13. Copy or design shall be delivered to the Company for approval with order and:
The customer covenants that he holds any necessary permission or consent to the copyright or title to such copy or design and that he can authorise the use thereof for the purpose of the subject matter of this order.
Covenants that it has the full legal copyright or the written consent from the lawful owner of such copyright to use for the purpose of the design logo or wording in all illustration materials and copy matter supplied or to be supplied to the Company and that nothing contained herein is of a libelous nature, nor in any way infringes the Trade Description Acts or the Data Protection Acts or any statutory or common law which does or might render the Company liable in any way for breach and shall fully indemnify the Company against all actions, costs, claims and demands arising from such breach.
(ii) Shall keep harmless and indemnify the Company against all claims, demands, loss, charges, costs and expenses howsoever arising against the Company resulting from action or instructions of the customer or persons authorised by it.
(iii) Will be solely liable for meeting and requirements of the law for the time being with regard to all goods and services provided.
(iv) A customer who is in an agency recognised as such by the Company shall be deemed as contract as a principal in all respects and as such will be responsible for the payment of accounts and will be assumed to have full authority in all matters connected with the placing of orders and the approval of amendment of copy or design.
The Company shall make alterations or vary the order or design as the Company shall think fit to enable the order be fulfilled.
14. These Terms and Conditions shall be incorporated into the contract to the exclusion of any Terms and Conditions stipulated or referred to by the customer and neither the customer nor the Company shall be bound by a variation _waiver of or addition to these conditions except as agreed by both parties in writing and signed on their behalf.
15. Any notice given by the Company to the customer shall be deemed to be effectively served if sent by prepaid post addressed to the customer at the customer’s address set out attached or at the customer’s last known place of business or abode in the United Kingdom or in the case of a company at the Registered office as the same may require but the modes of service herein provided shall not be obligatory.
16. It is agreed and declared that this agreement contains all the Terms and Conditions between the parties hereto and that the Company has made no warranty (oral or otherwise) except as expressively stated herein.
17. In the event of any dispute arising between the Company and the Customer the proper law of contract shall be English law and the forum for the resolution of any such disputes shall be the Courts of England and Wales.
BUSINESS ETHICS POLICY
WOW Merchandise conducts business ethically and fairly in line with the British
Promotional Marketing Association’s Code of Conduct, with some further provisions
and in line with UK law.
Practicing business fairly and ethically is imbedded in our company values – our
second company value is Integrity and that we manage our business honestly, openly
and maintain the highest ethical standards in everything we do.
Two recent UK laws are of particular relevance to our industry, the UK Bribery Act
2010 and the UK Modern Slavery Act 2015, and we are incorporating these in the
way we operate as a matter of urgency.
This policy also aims to cover anti-corruption, anti-fraud and bribery, anticompetitive
practices and anti-trust issues, conflicts of interest, money laundering,
fiduciary, fraud and information security.
B. Legal & Regulatory Requirements
UK Bribery Act 2010
We have implemented procedures and training to prevent bribery as outlined in the UK
Bribery Act 2010. Specifically, that:
Proportionality & Risk Assessment – we are an SME mainly doing business in the UK
and Europe but with some suppliers and clients from outside Europe. The risk of bribery
is relatively low.
Specifically, to our industry of Promotional Marketing, Corporate Gifts and Point of Sales
Materials is that the UK Bribery Act 2010 and the UK Government allows genuine bona
fide hospitality, promotional or other business expenditure that is reasonable and
proportionate to the level of business and the level of influence of the person receiving if
there was a business decision in question.
We do not allow facilitation payments of any kind as defined in the Act.
Top Level Commitment – The Ethics Officer is the Managing Director ensuring that
business is conducted without bribery or corruption from the top down.
Due Diligence – We conduct due diligence on all new customers and suppliers and this
process is carried out by the Accounts Manager and Managing Director (& Ethics
Communication – policies, procedures and awareness of regulations and law are
communicated during training and also at Company Meetings. The next scheduled
meeting and training in relation to Corporate Social Responsibility including Business
Ethics is taking place in the first quarter of 2020. The date is soon to be confirmed.
Monitoring & Review – Procedures and scope are regularly reviewed by the Ethics
Officer and communicated to staff at least annually.
UK Modern Slavery Act 2015
We have implemented procedures in relation to the UK Modern Slavery Act and have identified that in our industry there could be unskilled jobs in the supply chain, namely of picking, packing, assembly and kitting work where it could be possible for a supplier to source labour in contravention of the law. In light of this, we use only suppliers who are accredited BPMA members unless we conduct our own due diligence. We have also attended seminars on the subject at the SEDEX annual conferences since 2017.
In terms of our legal obligation to disclose our actions in relation to the UK Modern Slavery Act we are below the turnover threshold of £36M, although we have implemented the procedures outlined above and we held our first internal training with regards to the Act on 18th September 2017.
We are monitoring with interest the government’s development of a single UK Anti- Corruption plan to address this subject which was due in 2016 but is currently overdue. In the meantime, we abide by and follow all UK laws and ethical and fair business practices.
We are committed to the prevention, deterrence, detection and investigation of all forms of fraud and corruption.
We require all staff and associates and agents to act honestly and with integrity. All staff are requested to read and be familiar with this policy and the details in the company handbook.
We operate transparently and in line with UK law and accounting practices. Our industry is one that does not require a Money Laundering Reporting Officer as we do not operate within a relevant regulated sector.
We adhere to the BPMA Code of Conduct and operate ethically and within the law at all times with all parties that we do business with and internally with employees. This duty operates from the managing director, ie top down, then through all parties and relationships thereafter.
We undertake our legal duty to maintain third party data and internal company data secure as outlined by UK law relating to each specific data set.
C. Whistle Blowing Procedure:
Further to the scope and steps detailed on page 22 of the company handbook relating
to ‘Making a protected disclosure’ and the Public Interest Disclosure Act 1998, we
have implemented the following additional whistle blowing procedure to cover more
specifically the issues stated below:
Corruption & Bribery – public and proprietary corruption in the workplace
including extortion, bribery, conflict of interest, fraud and money laundering.
Anti-competitive practices – practices that reduce market competition, such as price
fixing and bid-rigging.
Responsible Information Management – including responsible marketing and the
security of third-party data.
Child & Forced Labour – child, forced, or compulsory labour issues within
company owned operations.
Discrimination & Harassment – discrimination based on any grounds at any stage
of business. Harassment may include physical, psychological and verbal abuse.
Fundamental Human Rights – inherent political, social, cultural and economic
rights established in the Universal Declaration on Human Rights
Whistle Blowing Contact:
Dedicated line of communication: firstname.lastname@example.org
Responsible employee: Paul Green, Managing Director
Anonymity and confidentiality is absolutely guaranteed and will be carried in line
with the Public Interest Disclosure Act 1998.
It is guaranteed that no report made in good faith will carry the threat of retaliation
against the reporter.
D: Training & Communication of the Whistle Blowing Procedure:
Training of the whistle blowing procedure detailed above was carried out on 18th
1. About this Policy
1.1 This policy explains when and why we collect personal information about our customers, how we use it and how we keep it secure and your rights in relation to it.
1.4 We will always comply with the General Data Protection Regulation (GDPR) when dealing with your personal data. Further details on the GDPR can be found at the website for the Information Commissioner (www.ico.gov.uk). For the purposes of the GDPR, we will be the “controller” of all personal data we hold about you.
2. Who are we?
2.1 We are the Galpeg Limited trading as Wow Merchandise. We can be contacted at 70 Hampden Road, London N10 2NX. Tel: 020 8444 4455 or by email to email@example.com
3. What information we collect and why.
|Type of information||Purposes||Legal basis of processing|
|Customers’ name, address, telephone numbers, e-mail address(es).||Managing the Customers’ representation of the Company Creating and managing the Company’s online Customership Directory.||Performing the Company’s contractual obligations with customers. For the purposes of our legitimate interests in operating the Company. Consent. We seek the Customer’s agreement in the terms of each contract made with the Company. The Customer may withdraw their consent at any time by contacting us by e-mail or letter to tell us that they no longer wish their details to be held by the Company.|
|Photos Logos and videos of Customers||Putting on the Company’s website and social media pages and using in press releases.||Consent. We will seek the Customers’ consent on their Customer Data Consent Form and the Customer may withdraw their consent at any time by contacting us by e-mail or letter.|
4. How we protect your personal data
4.1 We will not transfer your personal data outside the EU without your consent.
4.2 We have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction.
4.3 Please note however, that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.
4.5 We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.
5. Who else has access to the information you provide us?
5.1 We will never sell your personal data. We will not share your personal data with any third parties without your prior consent (which you are free to withhold) except where required to do so by law or as set out in the table above or paragraph 5.2 below.
5.2 We may pass your personal data to third parties who are promotional product suppliers, agents and subcontractors to use for the purposes of completing tasks and providing services to you on our behalf (e.g. to send you mailings and product information). However, we disclose only the personal data that is necessary for the third party to deliver the service and we have a non-disclosure agreement in place that requires them to keep your information secure and not to use it for their own purposes.
6. How long do we keep your information?
6.1 We will hold your personal data on our systems for as long as you are a customer A of the Company and for as long afterwards as is necessary to comply with our legal obligations. We will review your personal data every year to establish whether we are still entitled to process it. If we decide that we are not entitled to do so, we will stop processing your personal data except that we will retain your personal data in an archived form in order to be able to comply with future legal obligations e.g. compliance with tax requirements and exemptions or defence of legal claims.
6.2 We securely delete/destroy all information once we have used it and no longer need it.
7. Your rights
7.1 You have rights under the GDPR:
(a) to access your personal data
(b) to be provided with information about how your personal data is processed
(c) to have your personal data corrected
(d) to have your personal data erased in certain circumstances
(e) to object to or restrict how your personal data is processed
(f) to have your personal data transferred to yourself or to another party in certain circumstances.
7.2 You have the right to take any complaints about how we process your personal data to the Information Commissioner: https://ico.org.uk/concerns/ 0303 123 1113. Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
For more details, please address any questions, comments and requests regarding our data processing practices to our Data Controller at; firstname.lastname@example.org.