These terms and conditions do not affect your statutory rights as a consumer. The consumers’ statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website i.e. certain product warranties.
For reference www.safetyplay.co.uk is owned by Sieben Rubber Industries Ltd and the term ‘We’ referees to Safety Play
Samples: We recommend you request samples before placing any orders if you are in any doubt what colour you require. Variations in our colours may occur, and photographs featured on our website should only be used as a guide. Free small samples are available on request. Please note if you haven’t asked for free samples before placing an order we won’t accept “item not as described” as a reason for refund
Sieben Rubber Industries Ltd, C13,
SM Tidy Estate, Ditchling, BN6 8SG
Telephone: 01444 22 63 63
e-mail: [email protected]
2.0: ORDERING / AMENDMENTS
You are deemed to have placed an order with us by ordering via our online checkout process or via telephone ordering system. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. If you have placed any orders via our telephone ordering system it is presumed that you have familiarised yourself with our delivery restrictions and our returns policy. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by www.safetyplay.co.uk upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.
2.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
2.2: Order amendments
Any order amendments must be made before goods are dispatched, dispatch may be up to three working days prior to delivery. A unique amendment reference will be returned with your amendment confirmation email; this will be needed in any further correspondence or dispute. We are unable to amend orders after dispatch.
3.1: Should an incorrect price be displayed, www.safetyplay.co.uk reserves the right to refuse orders as set out in ‘Ordering’ (above).
3.2: All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.
3.3: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.
3.4: VAT All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country
3.5: Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become void
4:1: Safetyplay will make every effort to deliver products on the agreed date, but if for any reason the company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. The date chosen is a desired delivery date not a guaranteed one orders cannot be cancelled because of any failed deliveries.
4.2: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.3: A signature is required for the delivery of all goods unless prior arrangements have been specified.
4.4: If a signature is required you should check the number and condition of cartons whilst inspecting the contents of the goods before signing. Should there be any shortages or damages, these must be notified to www.safetyplay.co.uk by e-mail:- [email protected] within 48 Hours of delivery.
4.5: If the customer has requested the goods to be left at the recipients address without a signature goods are left unsupervised www.safetyplay.co.uk will not accept liability for the goods. Without a signature the delivery will only be made if the the delivery driver considers the delivery point safe, the goods are not obstruction the highway or access to any other property.
4.6: Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorized body is deemed to be proof of delivery
4.7: The Free delivery (on many products) offer is available to the vast majority of the UK (exceptions may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland) however if a delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.
4.8: The Company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
4.9: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
4.10: In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our FREE DELIVERY obligation only stands for the first delivery attempt.
4.11:. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries are made using large vehicles and it is the customer’s responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. Delivery vehicles use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet truck is then used to manoeuvre the products off the tail lift to the kerbside delivery point. The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
4.12: Deliveries requested AM are to be delivered before 12:30 and PM deliveries after 12:00. Failure to meet these times will result in a refund for the extra cost paid for AM or PM. The actual time of delivery must be written on the delivery note and signed for. If drop requested without signature no refund can be applied.
4.13: If the delivery is unable to be completed or refused by the customer, the customer will be responsible for the delivery cost and any cost incurred by Safetyplay to have the goods returned.
4.15: Rubber Chippings are made from recycled passenger car tyres and are 99.99% wire-free by volume.
4.16: Please note that the exact weight of the delivered product may vary +/- 5%
- 5.1. The customer has the right to cancel their order, however if it has already been dispatched or if you are wanting to return this due to access conditions being unsuitable for pallet deliveries then there will be a £50 per pallet charge + any zonal charges that falls on the customer. If you do want to cancel then the customer will only receive the cost of the product back. The product can be returned at the customers own cost within 14 days and we will happily supply a label for this. If the product is cancelled before being dispatched then there will be a £25 charge to cover the admin fee as well as the cost of refunding money back onto a card. If a delivery cannot be made on the day requested due to access issues or unforseen circumstances we will attempt a re-delivery at your request on a specific day for a charge of £15.00 per pallet. If you have any queries then please do give us a call on 01444 22 63 63
5.2. Cancellations are not accepted by telephone and must be by one of the following methods:
a. E Mail to [email protected]
b. Letter (to our Correspondence address above). Letters will be deemed to have been received two working days following the postmark date.
5.3. The cardholder is liable to all return shipping costs under this right, please contact us for advice if you wish to exercise this right.
5.6. Any item that arrives damaged will be collected and replaced within a reasonable period of time (we strive for next day delivery and replacement for many items). All damages / defects must be reported within 5 days from the date of delivery
All returned / exchanged products (including the boxes) must be in their ORIGINAL CONDITION and they must be in their ORIGINAL PACKAGING. N.B. – DO NOT TAPE UP, OR WRITE ON BOXES. They must also be suitably packaged. Customers are advised to obtain and complete a ‘certificate of postage’ form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by www.safetyplay.co.uk accepts no liability for goods lost in transit back to our warehouse.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
6.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
7: SERVICE ACCESS
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
With regards to the use of products obtained via our site www.safetyplay.co.uk all products should be used and operated as specified in the accompanying instructions and advice. Always ensure users of machinery are competent and using the appropriate safety / protective clothing i.e. knapsack sprayers should be used with the appropriate breathing mask, gloves, boots and include eye protection etc
Any child’s toys should always be used under the supervision of an adult.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
9.2: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10.0: GOVERNING LAW AND JURISDICTION
10.1: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
10.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
- Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
“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 Cookies used by our Site are set out in section 13, below;
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via our Site. This definition shall, where applicable, incorporate the definitions provided in the General Data Protection Regulation 2016/679 (“GDPR”); and
” We/Us/Our” means Safety Play a company whose registered address is SM Tidy Estate, Ditchling, BN6 8SG
- Information About Us
Our Site is operated by Sieben Rubber Industries Ltd, C13, the trading name of Safety Play, a company registered in England and Wales under number 09130255.
- What Does This Policy Cover?
- Your Rights
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and our use of personal data have been designed to uphold:
4.1.1 The right to be informed about our collection and use of personal data;
4.1.2 The right of access to the personal data we hold about you (see section 12);
4.1.3 The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 14);
4.1.4 The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (we only hold your personal data for a limited time, as explained in section 6 but if you would like us to delete it sooner, please contact us using the details in section 14);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 14 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau.
- What Data Do We Collect?
5.3 contact information such as email addresses and telephone numbers;
5.4 delivery address, if you place an order with us;
5.5 demographic information such as post code, preferences, and interests;
5.6 IP address;
5.7 web browser type and version; and
5.8 operating system.
Please note our Site may ask you for payment details, such as billing information or credit or debit card information, however all payments made via our Site will go through a third party payment processor such as Stripe or PayPal and as such, we will have no access to this data. A separate contractual relationship will be created between you and the payment processor on their terms and conditions and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
- How Do We Use Your Data?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you (e.g. by placing an order with us), because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
6.2.1 Providing and managing your access to our Site;
6.2.2 Personalising and tailoring your experience on our Site;
6.2.3 Supplying our goods and services to you (please note that we require your personal data in order to enter into a contract with you);
6.2.4 Replying to emails from you;
6.2.5 Supplying you with emails that you have opted into (you may unsubscribe using the link at the bottom of each email or you may opt-out at any time by emailing us directly);
6.2.6 Analysing your use of our Site to enable us to continually improve our Site and your user experience.
6.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Third parties whose content appears on our Site may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use, and we advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
- How Do We Store Your Data?
7.1 We only keep your personal data for as long as we need to in order to use it as described above in section 6, and/or for as long as we have your permission to keep it.
7.2 Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data collected through our Site.
- Do We Share Your Data?
8.1 We share your data with the provider of our Site. We may also sometimes contract with other third parties to supply goods and services to you on our behalf. These may include, payment processors, search engine facilities and sub-contractors. In some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
8.2 We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonym ised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.3 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer any personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
8.4 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
- How Can You Control Your Data?
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data to us via email or via our Site, you may be given options to restrict our use of your 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, at the point of providing your details and by contacting us).
10.2 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.
- Your Right to Withhold Information
11.1 You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 14.
13.2 Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
13.3 Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.5 In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. 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.
13.6 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access our Site more quickly and efficiently.
13.7 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us