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TERMS AND CONDITIONS These terms and conditions (the "Terms and Conditions") govern the use of www.imagine.wales (the "Site"). This Site is owned and operated by Patrick Ovenden. This Site is a point of contact for ‘imagine’ design and print services. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. Intellectual Property All content published and made available on our Site is the property of Patrick Ovenden and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. User Contributions Users may post the following information on our Site: • reviews. • By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. Accounts When you create an account on our Site, you agree to the following: 1 You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and 2 All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. Sale of Goods And Services These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: • Cards; • Posters; • Postcards; • Business cards; • NCR printing; • Websites; • Pembrokeshire photos; and • Flyers. We are under a legal duty to supply goods that match the description of the good(s) you order on our Site. The following services are available on our Site: • Advert design; • Web design; • Custom printed products; and • Eco-friendly Pembrokeshire design and print. The services will be paid for in full in the case of special online packages, when the service is ordered; otherwise when the service is completed. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. Third Party Goods and Services Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. User Goods and Services Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site. Subscriptions Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: Subscriptions can be cancelled at any time by request: email imagine.wales@hotmail.com . Any services offered as part of the subscription will continue only until the end of the period covered by your subscription payments to date. Payments We accept the following payment methods on our Site: • bank transfer; • cash; and • debit or credit card (via Stripe). When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. Shipping and Delivery When you purchase goods from our Site, the goods will be delivered through one of the following methods: • Local delivery in person (5 to 7 days) • Local collection in person (by appointment) • Standard post (5 to 7 days) • Online delivery where appropriate Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. Right to Cancel and Receive Reimbursement If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period: • Will end 14 days from the date of purchase when you purchased digital content that was not supplied on a tangible medium; • Will end 14 days from the date of purchase when you purchased a service; • Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together; • Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or • Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time. To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at imagine.wales@hotmail.com or by post at 22, Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so. The right to cancel does not apply to: • Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period; • Custom or personalised goods; • Goods that will deteriorate or expire rapidly; • Alcoholic beverages where the price has been agreed upon at the time of purchase, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market that we cannot control; • Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance; • Newspapers, magazines, or periodicals, except for subscriptions to such publications; and • Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance. Effects of Cancellation If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit. If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel. If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment. If you provide express consent to the supply of digital content during the cancellation period and acknowledge that your right to cancel the contract is lost by the supply of digital content during the cancellation period, you will no longer have a right to cancel the contract. We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement. This right to cancel and to reimbursement is not affected by any return or refund policy we may have. Consumer Protection Law Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. Links to Other Websites Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites. Limitation of Liability Patrick Ovenden and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless Patrick Ovenden and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. Applicable Law These Terms and Conditions are governed by the laws of the Country of Wales. Additional Terms • Website visibility: While every effort is made to build quality websites for clients, we cannot guarantee that these same websites will appear early in search engine results or attract large amounts of visitor traffic. • Further limitation of liability: Patrick Ovenden and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of our services. It is your responsibility to inform, guide and check any work we produce on your behalf before it is released to the public. In the event of a mistake, a refund may be issued at our discretion. Such a refund is not intended to imply an acceptance of liability. Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. Contact Details Please contact us if you have any questions or concerns. Our contact details are as follows: imagine.wales@hotmail.com 22 Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT You can also contact us through the feedback form available on our Site. Effective Date: 6th day of May, 2021 Cancellation Form If you want to cancel your contract of sale with us you may use this form and email or post it back to us at the address below. To: www.imagine.wales Address: 22 Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT Email: paddy@imagine.wales I hereby give notice that I cancel my contract of sale of the following goods or services: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Ordered on: ______________________________________ Received on: ______________________________________ Customer name: ______________________________________ Customer address: ____________________________________________________________________________ Signature (only required if you are returning a hardcopy of this form): ______________________________________ Date: ______________________________________ ©2002-2021 LawDepot.co.uk®
www.imagine.wales PRIVACY POLICY Type of website: Service portfolio Effective date: 6th day of May, 2021 www.imagine.wales (the "Site") is owned and operated by Patrick Ovenden. Patrick Ovenden is the data controller and can be contacted at: imagine.wales@hotmail.com ________________________________________ 22, Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT Purpose The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following: 1 The personal data we will collect; 2 Use of collected data; 3 Who has access to the data collected; 4 The rights of Site users; and 5 The Site's cookie policy. This Privacy Policy applies in addition to the terms and conditions of our Site. GDPR For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018. We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR. Consent By using our Site users agree that they consent to: 1 The conditions set out in this Privacy Policy. When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful. You can withdraw your consent by: Emailing Patrick Ovenden at imagine.wales@hotmail.com. Legal Basis for Processing We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal bases to collect and process the personal data of users in the EU: 1 Users have provided their consent to the processing of their data for one or more specific purposes; and 2 Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract the consequences are as follows: Orders for adverts, websites and custom printed materials use images and contact information supplied by the client. They cannot be fulfilled without users’ personal data. Personal Data We Collect We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first. Data Collected in a Non-Automatic Way We may also collect the following data when you perform certain functions on our Site: 1 First and last name; 2 Email address; 3 Phone number; 4 Address; 5 Payment information; and 6 Images, logos and information relevant to the user’s custom designed project. This data may be collected using the following methods: 1 Online form; 2 Creating an account; and 3 Through direct correspondence. How We Use Personal Data Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. The data we collect when the user performs certain functions may be used for the following purposes: 1 Communication; 2 Occasional promotions; 3 Creating work for the user; 4 Reviews; and 5 Examples of work done (portfolio). Who We Share Personal Data With Employees We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy. Third Parties We may share user data with the following third parties: 1 Website host. We may share the following user data with third parties: 1 Links clicked while using site; 2 Site visitors’ region; and 3 Form field entries. We may share user data with third parties for the following purposes: 1 Site analysis only. Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose. Other Disclosures We will not sell or share your data with other third parties, except in the following cases: 1 If the law requires it; 2 If it is required for any legal proceeding; 3 To prove or protect our legal rights; and 4 To buyers or potential buyers of this company in the event that we seek to sell the company. If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices. How Long We Store Personal Data User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period. How We Protect Your Personal Data This site is hosted by Strikingly.com and operates in accordance with their privacy and security policy. Our emails are hosted by Windows Live Mail. Online payments are taken through Stripe. We take your privacy seriously, especially payment or bank details. We never share your contact details with third parties except where it is necessary to fulfil an order. For example, a design for a Correx Board sign will be sent to a trusted third party manufacturer and your address passed on to the courier. The websites we offer are hosted either at Strikingly.com or Hostpapa.co.uk who for the purpose of analysis or site repair only will have access to online form entries and contact information. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical. Your Rights as a User Under the GDPR, you have the following rights: 1 Right to be informed; 2 Right of access; 3 Right to rectification; 4 Right to erasure; 5 Right to restrict processing; 6 Right to data portability; and 7 Right to object. Children We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer. How to Access, Modify, Delete, or Challenge the Data Collected If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here: Patrick Ovenden imagine.wales@hotmail.com ________________________________________ 22, Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT How to Opt-Out of Data Collection, Use or Disclosure In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below: 1 You can opt-out of the use of your personal data for marketing emails. You can opt-out by sending an email to imagine.wales@hotmail.com with the subject line UNSUBSCRIBE. Cookie Policy A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. We use the following types of cookies on our Site: 1 Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; 3 Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; and 5 Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes: a Monitor user preferences to tailor advertisements around their interests; b Analytics and Functionality; c Authentication - keeping you logged in; and d Fraud prevention and security. Modifications This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. Complaints If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner’s Office. Contact Information If you have any questions, concerns or complaints, you can contact our privacy officer, Patrick Ovenden, at: imagine.wales@hotmail.com ________________________________________ 22, Meyrick Street, Pembroke Dock, Pembrokeshire, SA72 6UT ©2002-2021 LawDepot.co.uk®