Terms and Conditions

The Terms and Conditions of sale and the Terms and Conditions of use of this website are included in the tabs 'Business to Business' and 'Business to Consumer', you will also find below Arco's Security and Privacy policies. By using our website you confirm that you agree to the terms of use outlined below.

Business to Business terms & conditions

1. Arco's Conditions Apply

1.1 Unless otherwise specifically agreed in writing by Arco Limited ("Arco"), all quotations and contracts for the supply of goods by Arco are made upon these Conditions of Sale ("the Conditions") which shall at all times override any terms and conditions which the purchaser of such goods ("the Purchaser") imposes or seeks to impose. "The Contract" means any contract made between the parties that incorporates the Conditions.

1.2 No terms or conditions endorsed on delivered or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

1.3 Delivery of any goods following a quotation for supply made by Arco will be made only upon the Conditions. Orders are accepted subject to the Conditions.

1.4 Any variation must be approved by an authorised Arco employee and be in writing. Any quotation or estimate is given subject to the Conditions.

2. Payment Terms

2.1 Terms of payment are 30 days from the date of invoice and in default Arco shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:

2.1.1 terminate any outstanding order or quotation;

2.1.2 withhold and/or suspend supplies; or

2.1.3 reduce the Purchaser's credit limit.

2.2 Arco shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.

2.3 In addition, Arco shall be entitled to claim interest on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. The Purchaser shall pay the interest together with the overdue amount and the Purchaser will indemnify Arco in respect of all costs incurred by Arco in recovering payment, including the cost of instructing solicitors.

2.4 No payment shall be deemed to have been received until Arco has received cleared funds. Time of payment is of the essence.

2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser's bankers unpaid, the Purchaser will also indemnify Arco in respect of all resulting bank charges incurred by Arco.

2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Arco to the Purchaser.

2.7 Arco reserves the right to set off, deduct or discount any amounts due from Arco under any other arrangement with the Purchaser against any monies due to Arco under this Contract.

3. Prices

3.1 All prices displayed in both Arco's printed and online publications are subject to VAT where applicable.

3.2 Prices are correct at time of issue and are subject to change without prior notice.

3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.

4. Retention of Title

4.1 Risk in the goods supplied shall pass to the Purchaser on delivery. Title in such goods shall not pass to the Purchaser until Arco has received payment in full in cleared funds for such goods and any other goods supplied by Arco to the Purchaser for which payment is then due.

4.2 Until title to the goods passes, the Purchaser shall hold the goods on a fiduciary basis as Arco's bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by Arco). The Purchaser shall not destroy any identifying mark on packaging in the goods. The purchaser shall notify Arco immediately if if becomes subject to any of the events listed in Condition 12. The Purchaser may resell or use the Goods in the ordinary course of its business. If before title to the goods passes to the Purchaser, the Purchaser becomes subject to any of the events listed in Condition 12, or Arco reasonably believes that any such event is about to happen and notifies the Purchaser accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy Arco may have, Arco may at any time require the Purchaser to deliver up the goods and if the Purchaser fails to do so promptly, enter any premises of the Purchaser or of any third party where the goods are stored in order to recover them.

5. Delivery

5.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Arco's export department.

5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.

5.3 Where Arco makes delivery of the goods to the Purchaser's place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Arco's option, be borne by the Purchaser.

5.4 Delivery of the goods shall be completed on the goods arrival at the Purchaser's place of business.

5.5 If the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Arco's negligence) and Arco may:

5.5.1 store the goods until delivery takes place, and charge the Purchaser for all related costs and expenses (including without limitation storage and insurance); or

5.5.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.

5.6 Any dates specified by Arco for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time. Arco shall not be liable for any delay in delivery of the goods that is caused by an event of force majeure or the Purchaser's failure to provide Arco with adequate delivery instructions that are relevant to the supply of the goods.

5.7 Arco reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the contract.

5.8 The quantity of any consignment of goods recorded by Arco upon dispatch from Arco's place of business shall be conclusive evidence of the quantity received by the Purchaser can provide conclusive evidence proving the contrary.

5.9 Claims for shortages or damaged goods must be made in writing to Arco within 3 days of receipt of the goods.

5.10 Claims for non delivery must be made to Arco within 10 days of dispatch shown on invoice.

6. Returns

6.1 Notwithstanding any other provision in the Contract, Arco may at its option allow the Purchaser to return the goods upon the following conditions:

6.1.1 that the relevant goods are non-faulty;

6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of Arco's locations;

6.1.3 that the Purchaser notifies Arco within 10 days of delivery of its intention to return the goods;

6.1.4 that the goods are returned to Arco within 15 days of delivery;

6.1.5 Arco and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to Arco or collected by Arco from the Purchaser;

6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;

6.1.7 the Purchaser agrees to pay Arco a 15% handling fee against the return of non-faulty standard goods. This handling fee will be reduced to 7% if the return is processed via Arco's website.

6.2 Notwithstanding any other provision in the Contract, Arco may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at one of Arco's locations.

7. Quality

7.1 Arco warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

7.2 Subject to Condition 7.3, if:

7.2.1 the Purchaser notifies Arco of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;

7.2.2 complies with any reasonable requestor instruction from Arco;

7.2.3 affords Arco a reasonable opportunity to inspect that relevant goods.

7.2.4 allows Arco to collect the relevant goods. Arco shall, at its option, replace the defective goods, or issue a credit note in respect of the defective goods.

7.3 Arco shall have no liability under the warranty in this Condition in any of the following events:

7.3.1 any defect arising from wilful damage, negligence, abnormal storage conditions,

7.3.2 failure to follow Arco's to the manufacturers instructions whichever is appropriate (whether oral or in writing);

7.3.3 if the total price for the goods has not been paid by the due date for payment;

7.3.4 in respect of any type of defect or damage specifically excluded by Arco by notice in writing; or

7.3.5 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.

7.4 Except as provided in this Condition 7, Arco shall have no further liability to the Purchaser in respect of the goods' failure to comply with the warranty set out in Condition 0.

7.5 The terms implied by section 13-15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

7.6 These Conditions shall apply to any repaired to replacement goods supplied by Arco.

8. Liability

8.1 Nothing in the Conditions excludes or limits the liability of Arco for death or personal injury caused by Arco's negligence, or for fraudulent misinterpretation, or for fraud or under section 2(3), Consumer Protection Act 1987 or for any matter which it would be illegal for Arco to exclude or attempt to exclude its liability.

8.2 Subject to Condition 0, Arco will not be liable to the Purchaser whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by Arco, its employees, agents or sub contractors)

8.3 Arco's total liability to the Purchaser in respect of all other losses caused by a deliberate breach of the Contract by Arco, its employees, agents or sub contractors shall not exceed the value of the Contract.

9. Services

9.1 Any services which are subject to a separate fee and are to be performed by Arco under the Contract are performed in accordance with Arco's terms and conditions of service. A copy of the terms and conditions are available upon request.

10. Safety and Product Recalls

10.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.

10.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Arco have all the information required on health and safety and Arco shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Arco in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.

10.3 The Purchaser shall keep Arco properly informed of all complaints concerning the goods and shall comply with any directions of Arco in any issues, proceedings or negotiations relating to such complaint.

10.4 In the event of any recall of the goods by Arco the Purchaser shall co-operate fully and promptly with any steps taken by Arco under the Condition below.

10.5 Arco may at its discretion recall any goods already sold by Arco to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Arco) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Arco to the Purchaser. The Purchaser agrees to give all reasonable assistance to Arco or the manufacturer in resisting any claim which may arise under any recall of product by Arco or the manufacturer of such product.

11. Force Majeure

11.1 Arco reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Arco including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, armed conflict, malicious damage, fire, explosion, flood, epidemic, nuclear, chemical or biological contamination, sonic boom, collapse of building structures, loss at sea, natural disaster, extreme adverse weather conditions, failure of energy, break down of plant or machinery lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Arco to terminate the Contract.

12. Termination

12.1 Arco may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Arco if:

12.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;

12.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Arco to remedy or desist from such breach within a period of 14 days;

12.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;

12.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;

12.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser's business, undertaking, property or assets;

12.1.6 the Purchaser ceases, or threatens to cease, to carry on business;

12.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.

12.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Arco at the Contract rate all payments subsisting at the time of termination.

13. Product Information

13.1 Arco has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but Arco gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Arco's policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.

13.2 Accordingly, the Purchaser should check any details and information they wish to rely on with Arco at the time of purchase. Arco accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.

14. Arco Disclaimer

14.1 Any products shown in our printed and online publications do not represent endorsement by Arco of any other products, services or organisations and shall not form part of the Contract.

15. Colour Reproduction

15.1 The colour reproductions of the garments featured in both our printed and online publications are as accurate as the printing or electronic process will allow.

16. Data Protection

16.1 Arco will at all times comply with its obligations under the Data Protection Act 1998.

16.2 Arco may monitor and record telephone calls for the following purposes:

16.2.1 training;

16.2.2 quality control; and

16.2.3 to confirm verbal instructions.

16.3 Arco has and maintains privacy policies in respect of its website and its business activities generally. Hard copies are available on request.

17. Assignment

17.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Arco.

17.2 Arco may assign the Contract or any part of it to any person, firm or company.

18. General

18.1 Each right or remedy of Arco under the Contract is without prejudice to any other right or remedy of Arco whether under the Contract or not.

18.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.

18.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

18.4 Failure or delay by Arco in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

18.5 Any waiver by Arco of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

18.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

18.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

19. All Rights Reserved

19.1 No part of any Arco publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.

19.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.

19.3 All prices are subject to VAT. All prices are subject to alteration without notice. Arco reserve the right to amend the Conditions which are subject to confirmation at the time of application.

Arco Limited
P.O. Box 21,
Waverley Street,
Hull.
HU1 2SJ
Telephone: 01482 222522
Fax: 01482 218536
email: sales@arco.co.uk
online: www.arco.co.uk

Registered in England No.133804. Established 1884.

BSI Registered logo RS09115

Arco Limited.
All rights reserved. 01/09/2005

Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.arco.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Arco Limited (Company).

1. Introduction

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Licence

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

  1. no documents or related graphics on this Website are modified in any way;
  2. no graphics on this Website are used separately from accompanying text; and
  3. the Company's copyright and trade mark notices and this permission notice appear in all copies.

2.2 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 the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, 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 the Company's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. Service Access

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. Visitor Material and Conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

  1. that is inaccurate, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, likely to deceive any person, in breach of privacy, which may cause annoyance or inconvenience; or give the impression that it emanate from the Company, if this is not the case; or
  2. for which you have not obtained all necessary licences and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the Website, the server on which the website is stored or any server on which the website is stored or any server, computer or database connected to the website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or any website linked to it.

4.4 By breaching paragraph 4.3, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and the Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

4.5 The Company shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user.

4.6 The Company has the right to remove any material or posting you make on the Website if, in the Company's opinion, such material does not comply with the content standards set out in paragraph 4.2.

5. Links to and from other Websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  1. you do not remove, distort or otherwise alter the size or appearance of Arco logo;
  2. you do not create a frame or any other browser or border environment around this Website;
  3. you do not in any way imply that the Company is endorsing any products or services other than its own;
  4. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
  5. you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
  6. you do not link from a website that is not owned by you; and
  7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. Registration

6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you.

6.3 The Company has the right to disable any password whether chosen by you or allocated by the Company, at anytime, if in the Company's opinion you have failed to comply with any of the provisions of this Legal Notice.

7. Disclaimer

7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company 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 the Company makes no commitment to update such material.

7.2 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, the Company provides you with this Website on the basis that the Company excludes 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 this legal notice might have effect in relation to this Website.

8. Liability

8.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company, other members of the Company's group of Companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

8.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even forseeable, provided that this section 8 shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories contained in the paragraph 8.2

8.3 Nothing in this legal notice shall exclude or limit the Company's liability for:

  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  2. fraud; or
  3. misrepresentation as to a fundamental matter; or
  4. any liability which cannot be excluded or limited under applicable law.

8.4 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.

9. Governing Law and Jurisdiction

9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Business to Consumer terms & conditions

Nothing in these terms and conditions affects Your rights as a consumer under the laws of England and Wales

The following terms and conditions set out how We will provide the Goods to You, along with the rights and obligations of the parties to the Contract. Please read these terms and conditions carefully before ordering any Goods from Our Website. You should understand that by ordering any of Our Goods You agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. Interpretation

1.1 In these terms and conditions the following capitalised words shall have the following meanings:

Cancellation Period seven (7) working days commencing on the first full working day after the day on which You receive Our delivery of Your order.
Contract any contract between You and Us for the provision of Products, incorporating these terms and conditions.
Goods any of the goods that We list for supply on Our Website which form the basis of the Contract.
Our Website www.arco.co.uk.
We, Us, Our Arco Limited registered in England and Wales with company number 00133804 and registered office address of PO Box 21, Waverley Street, Hull, HU1 2SJ.
You, Your the individual consumer who purchases the goods and whose use of the Goods is for personal purposes only and not for use in connection with any trade, business or profession.

1.2 No other terms and conditions will apply to this Contract.

1.3 Any quotation or estimate is given subject to these terms and conditions.

1.4 These terms and conditions apply to all Goods We provide to individual consumers. Nothing in these terms and conditions excludes or limits Our liability for fraudulent misrepresentation.

2. Availability of Goods

2.1 Our Website is only intended for use by people resident in the UK. We do not accept orders from people resident outside the UK. You agree that:

2.1.1 You are legally capable of entering into binding contracts;

2.1.2 You are at least 18 years old;

2.1.3 You are resident in the UK; and

2.1.4 You are accessing Our Website in the UK.

3. How the Contract is formed between You and Us

3.1 The Goods listed on Our Website should not be regarded as a contractual offer made by Us to You. You must place an order to purchase Goods with Us on Our Website and You must ensure that the terms of Your order are complete and accurate. Your order has not been accepted by Us until We send You a written acceptance of Your order confirming the availability of the Goods You have ordered.

3.2 When ordering on Our Website You are offering to purchase Goods in accordance with these terms and conditions. We will acknowledge receipt of Your order by e-mail or in a printable page of Our Website without delay but this does not mean We have accepted Your order. The Contract between Us and You will only come into existence when You receive Our written acceptance of Your order confirming the availability of the Goods You have ordered.

3.3 We may amend or modify any information on Our Website including these terms and conditions at any time. If You continue to use Our Website after such amendment or modification You may only do so on the terms that You acknowledge that it is Your responsibility to ascertain whether any such amendments or modifications have been made regardless of whether You have actually reviewed and expressly agreed to such amendment or modification. Continued use of this Website by You will constitute Your acceptance of any amendment or modification.

3.4 Any quotation or estimate made by Us is only valid for thirty (30) days and is subject to these terms and conditions.

4. Description

4.1 All advertising that We issue including but not limited to advertising on Our Website or hard copy publications are issued or published for the sole purpose of giving You an approximate idea of the Goods. They do not form part of the Contract.

4.2 Accordingly, You should check any information or details You wish to rely upon with Us at the time of purchase. We accept no liability in respect of any errors or omissions in Our advertising or for any loss or damage You may incur from relying upon Our advertising.

5. Price and Payment Terms

5.1 The price of any Goods will be as quoted on Our Website from time to time, except in cases of obvious error.

5.2 These prices are subject to VAT where applicable and exclude delivery costs, which are as set out on Our Website from time to time.

5.3 Prices are liable to change at any time, but changes will not affect orders where We have sent You a written acceptance of Your order.

5.4 Our Website contains a large number of Goods and it is always possible that, despite Our best efforts, some of the Goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where the correct price of the Goods is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the correct price of the Goods is higher than the price stated on Our Website, We will normally, at Our discretion, either contact You for instructions before dispatching the Goods, or reject Your order and notify You of such rejection.

5.5 We are under no obligation to provide the goods to You at the incorrect (lower) price, even after We have sent You a written acceptance of Your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.

5.6 Payment for all Goods must be made in full by credit or debit card. We accept payment with Corporate Amex, Private Amex, Corporate Mastercard, Private Mastercard, Corporate Visa, Private Visa, Visa Delta, Visa Electron, Solo or Maestro. We will not charge Your credit or debit card until We despatch Your order.

5.7 No payment shall be deemed to have been received until We have received cleared funds.

5.8 In the event of a payment by credit or debit card which is subsequently rejected, We shall be entitled to charge You interest on the amount unpaid at the rate of 3% above the base rate of HSBC Bank plc until payment is made in full and You will indemnify Us in respect of all costs We incur in recovering payment including the cost of instructing solicitors.

6. Availability and Delivery

6.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Our export department.

6.2 Unless otherwise agreed delivery of the Goods shall take place at Your address.

6.3 Your order will be fulfilled by the delivery date set out in Our written acceptance of Your Order or, if no delivery date is specified, then within 30 days of the date of Our written acceptance of Your order, unless there are exceptional circumstances.

6.4 Claims for shortages or damaged Goods must be made to Us within 3 days of receipt of the Goods.

6.5 Claims for non-delivery must be made to Us within 10 days of the delivery date set out in Our written acceptance of Your order or, if no delivery date is specified, then within 10 days following the 30 day limit stated in condition 6.3 above.

7. Risk and title

7.1 The Goods will be at Your risk from the time of delivery.

7.2 Ownership of the Goods will only pass to You when We receive full payment in cleared funds of all sums due in respect of all orders You have placed for Goods, including delivery charges.

7.3 Without prejudice to any other right or remedy available to Us, if You are in breach of the payment terms We shall be entitled to:

7.3.1 cancel the Contract;

7.3.2 suspend any further deliveries; or

7.3.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action but, for the avoidance of doubt We shall inform You in writing before taking any or all of the three courses of action detailed in this condition 7.3.

8. Distance Selling Regulations

8.1 We are obliged by law to provide You, prior to the date of acceptance of Your order by Us, with certain information in relation to the Contract and Your rights under it.

8.2 This information appears throughout these terms and conditions, on Our Website and in the paperwork We send to You.

9. Right to Cancel

9.1 You have the right to cancel this Contract for any reason before the expiry of the Cancellation Period and to be refunded for any price You have paid within 30 days of You providing the notification set out in condition 9.2.

9.2 If You wish to cancel the Contract within the Cancellation Period, You must notify Us of this fact in writing and send a notification to Us by electronic mail or first class post.

9.3 If You wish to cancel the Contract after the Cancellation Period has expired You must do so by providing Us with at least 7 days' written notice and We may, at Our option, charge a cancellation fee to cover Our administrative costs. The amount of the cancellation fee will be as set out on Our Website from time to time.

10. Our Refunds Policy

10.1 When You return the Goods to Us:

10.1.1 because You have cancelled the Contract between Us within the Cancellation Period, We will process the refund due to You as soon as possible and, in any case, within 30 days of the day You have given a Cancellation Notice in accordance with condition 9.2. In this case, We will refund the price of the Goods in full, including the cost of delivery. However, You will be responsible for the cost of returning the item to Us; or

10.1.2 for any other reason (for instance, because You have notified Us in accordance with condition 21 that You do not agree to a change in these terms and conditions or in any of Our policies, or because You claim that the Goods are defective), We will examine the returned Goods and We will notify You of whether, in Our reasonable opinion, a refund is payable via e-mail within a reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective Goods. Goods returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.

10.2 For the purpose of condition 10.1.2, You shall return any Goods You reasonably consider to be defective to Us within a reasonable period of time.

10.3 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.

11. Our Liability

11.1 We warrant to You that any Goods purchased from Us through Our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Goods You purchased and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.

11.3 This does not include or limit in any way Our liability:

11.3.1 for death or personal injury caused by Our negligence;

11.3.2 under section 2(3) of the Consumer Protection Act 1987;

11.3.3 for fraud or fraudulent misrepresentation; or

11.3.4 for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

11.4.1 loss of income or revenue;

11.4.2 loss of business;

11.4.3 loss of profits or contracts;

11.4.4 loss of anticipated savings;

11.4.5 loss of data; or

11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition 11.4 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of condition 11.1 or condition 11.2 or any other claims for direct financial loss that are not excluded by any of conditions 11.4.1 to 11.4.6 inclusive of this condition 11.4.

12. Safety and Product Recalls

12.1 You shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the Goods concerning their storage and use and We shall refer Our employees and customers to such instructions and guidelines.

12.2 You should be satisfied that the persons responsible for the storage and use of any Goods We supply have all the information required on health and safety and We shall not be liable to You in any civil proceedings brought by You against Us in respect of a breach of the user instructions or any applicable health and safety legislation or regulations, orders or directions made under such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.

12.3 The information We supply to You with the Goods will necessarily be of a technical nature and if You are in any doubt about the interpretation of this information You should contact Your nearest Arco centre. Details are available on Our Website. For the avoidance of doubt this does not absolve You of Your responsibilities under condition 12.2.

12.4 You shall keep Us properly informed of all complaints concerning the Goods and shall comply with Our directions in any issues, proceedings or negotiations relating to such complaint.

12.5 In the event of any recall of the Goods by Us, You shall co-operate fully and promptly with any steps We take under condition 12.6 below.

12.6 We may, at Our discretion, recall any Goods We have already sold to You (whether for a refund or credit or for replacement of the Goods which shall in each case be undertaken by Us), and/or issue any written or other notification about the matter of use of any Goods We have already sold to You.

13. Data Protection and Passwords

13.1 We will at all times comply with Our obligations under the Data Protection Act 1998.

13.2 It is Your responsibility to keep any user details and passwords that enable You to access certain pages of Our Website confidential. We shall not be liable for any loss or damage arising from Your failure to protect the confidentiality of such user details and passwords.

13.3 We maintain a privacy policy in respect of Our Website and business activities generally. For details, please click here [insert hyperlink to privacy policy].

14. Written communications

Applicable laws require that some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your rights as a consumer under the laws of England and Wales.

15. Notices

All notices given by You to Us must be given to Arco at PO Box 21, Waverley Street, Hull, HU1 2SJ or [e-mail address]. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of rights and obligations

16.1 The Contract between You and Us is binding on You and Us and on Our respective successors and assignors.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.

17. Events outside Our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

17.2.1 Strikes, lock-outs or other industrial action.

17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.2.5 Impossibility of the use of public or private telecommunications networks.

17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.

18. Waiver

18.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

18.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.

18.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with condition 15.

19. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire agreement

20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

20.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.

20.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

21. Our right to vary these terms and conditions

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.

21.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You a written acceptance of Your order (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Goods).

22. Law and jurisdiction

Contracts for the purchase of Goods through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.arco.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Arco Limited (Company).

1. Introduction

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Licence

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

  1. no documents or related graphics on this Website are modified in any way;
  2. no graphics on this Website are used separately from accompanying text; and
  3. the Company's copyright and trade mark notices and this permission notice appear in all copies.

2.2 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 the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, 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 the Company's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. Service Access

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. Visitor Material and Conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  2. for which you have not obtained all necessary licences and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

5. Links to and from other Websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  1. you do not remove, distort or otherwise alter the size or appearance of Arco logo;
  2. you do not create a frame or any other browser or border environment around this Website;
  3. you do not in any way imply that the Company is endorsing any products or services other than its own;
  4. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
  5. you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
  6. you do not link from a website that is not owned by you; and
  7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. Registration

6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you.

7. Disclaimer

7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company 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 the Company makes no commitment to update such material.

7.2 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, the Company provides you with this Website on the basis that the Company excludes 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 this legal notice might have effect in relation to this Website.

8. Liability

8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's 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.

8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:

  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  2. fraud; or
  3. misrepresentation as to a fundamental matter; or
  4. any liability which cannot be excluded or limited under applicable law.

8.3 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.

9. Governing Law and Jurisdiction

9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Security Policy

Security is of the utmost importance to Arco Limited ('Arco') and for that reason we are making every effort to provide a site that ensures secure online ordering and payment processing.

To check our security certificate is valid you can click on the gold padlock at the bottom of the browser window.

Your arco.co.uk account information and personal profile are protected by your username and password so that only you have access to them. You can update your personal profile by logging into the arco.co.uk site and then selecting the 'my account' button from the main navigation bar and then choosing 'My Details' from the menu.

We strongly advise that you do not let other people become aware of your username and password, to ensure that unauthorised users cannot gain access to your personal profile and account information. We also recommend that you close your browser window when you have completed using the arco.co.uk site.

If you share a computer with other users and they wish to use arco.co.uk, we recommend that each user that has access to the PC registers separately with us. This will ensure that the details of the users of the shared PC are kept secure from each other.

Arco has complied with its obligations under the Data Protection Act by making sure that employees who have access to and/or process personal data are aware of and comply with the relevant security measures.

Disclaimer

Although arco.co.uk place the utmost importance on protecting information transmitted via the arco.co.uk site and will take security precautions to protect all information, arco.co.uk cannot guarantee that any electronic transfer of information or transaction is totally secure. arco.co.uk will take measures to secure and protect all customer information from loss, abuse, misuse, and alteration. Your adherence to the security suggestions made in this security policy will assist us greatly with this.

Contact Arco

Should you require assistance with any aspect of the arco.co.uk site then contact our web site help desk on 01482 611433. Alternatively you can use the functions available under the 'contact us' menu on the main navigation bar, or use the Branch Locator option to contact your local Arco branch.

Privacy Policy

Welcome to Arco Ltds. privacy notice. We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Arco Ltd., collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

We are the controller and responsible for your personal data (collectively referred to as, "we", "us" or "our" in this privacy notice).

Arco Ltd. is made up of different legal entities. This privacy notice is issued on behalf of the Arco Group so when we mention, "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the organisation within the Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. Each organisation is the controller and responsible for their website.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Arco Ltd. Data Protection Officer, PO Box 21, Waverley Street, Hull, HU1 2SJ Email GDPR@arco.co.uk

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. Contact Data includes address, delivery address, email address and telephone numbers. Financial Data includes bank account and payment card details. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. Usage Data includes information about how you use our website, products and services. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

We do not collect any Special Categories of Personal Data about you this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you for example, to provide you with goods or services. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

apply for our products or services; create an account on our website; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. This could also include recording mouse clicks and monitoring page scrolling and text held to web site forms. We collect this personal data by using cookies, [server logs] and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

Third parties or publicly available sources. We may receive personal data about you from various third parties [and public sources] as set out below: Technical Data from the following parties: analytics providers such as Google based outside the EU, SesionCam Ltd. Advertising networks; and search information providers.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services

Identity and Contact Data from data brokers or aggregators

Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into, or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation, generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Purposes for which we will use your personal data

We have set out in a table format in the Appendix, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any company outside the Arco Group of companies for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

Internal Third Parties, External Third Parties,

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We may share your personal data within the Arco Group. This may involve transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are [available in our retention policy which you can request from us by contacting us OR set out in the table in paragraph 4 above.

By law we have to keep basic information about our customers including Contact, Identity, Financial and Transaction Data for six years after they cease being customers for tax purposes. In some circumstances, you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

8. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

Request access to your personal data, Request correction of your personal data, Request erasure of your personal data, Object to processing of your personal data, Request restriction of processing your personal data, Request transfer of your personal data.

If you wish to exercise any of the rights set out above, please contact us

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Group acting as joint controllers or processors who and IT and system administration services and undertake leadership reporting.

External Third Parties

Service providers acting as processors based who provide IT and system administration services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

APPENDIX

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