TERMS & CONDITIONS

PRIVACY POLICY

1. TERMS & CONDITIONS

Please read these Terms carefully before using the Web Site.

By using the Web Site, users signify their assent and agreement to these Terms.

If user does not agree to these Terms, then he/she may not use the Web Site.

The website, found under the URLs www.bluecuckoo.co.uk, is provided by Bluecuckoo. References to “we”, “us” and “our” shall be deemed to be references to Bluecuckoo. References to “you” and “your” shall be deemed to be references to person placing an order via this website. Use of this Web Site is subject to the following terms and conditions. Bluecuckoo may revise these Terms, with the revised Terms taking effect for all users as of the date stated on the posting. Consequently, users should consult the Terms regularly. The www.bluecuckoo.co.uk website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, broadcast, download, store, transmit, publish, licence or adapt in anyway www.bluecuckoo.co.uk or any materials or content in www.bluecuckoo.co.uk or the structure, overall style and program code of www.bluecuckoo.co.uk without our consent. If you wish to make a request for consent, please contact info@bluecuckoo.co.uk.

For our full privacy policy please see our Privacy Policy below these Terms & Conditions.

You agree that e-mail can be used as a method of communicating with you following an enquiry from you through the website.

Purchasing Terms

Prices and availability of goods are subject to change without notice.

Some products are available to order directly on line and payment will be made by card via the website before despatch. Many products are bespoke and a full quotation describing the product ordered and price will be provided after email or verbal discussion about the product. A pro forma invoice will be sent confirming all details of the product. A delivery charge will be added to your order value where appropriate depending on the weight and size of the delivery parcel. The cost of delivery will be clearly stated in the final quotation and on the pro forma invoice. Once payment has been received via internet banking, card or by cheque work will begin on the product.

Your contract for purchases made through www.bluecuckoo.co.uk is with Bluecuckoo and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale unless terms are arranged with Bluecuckoo in a written agreement.

You warrant that all details you provide to Bluecuckoo for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects.

All images provided by you for the creation of embroidery must be free from copyright. The onus is on the customer to ensure no copyright restrictions are in place on the image.

If, for whatever reason, we are unable to fulfil the order, the payment will be refunded immediately. No contract for the sale of any product will exist between you and Bluecuckoo until we accept your order by dispatching the product to you. When this happens, we will confirm the acceptance by sending you an email.

If the availability of a product is incorrect online, we will inform you if we are unable to fulfil your order and either offer you an alternative or cancel the order.

We reserve the right to use images of all cushions created on the bluecuckoo website and in other promotional material and events unless the customer requests that we do not do so in writing.

Promotions

All promotions and offers given to you by the Bluecuckoo are valid for the specified period only and subject to availability Any offers may be withdrawn at any time at the discretion of Bluecuckoo.

Payment

We accept cheques though goods will not be despatched until any cheque has cleared the banks clearing systems. Payment can also be made by BACS through Internet Banking. Most credit cards are accepted at point of sale and through the website.No credit Card details are saved when the order is placed.

All prices quoted on this website are shown in pounds sterling (£), are accurate at the time of publication. VAT Is currently not applicable to Bluecuckoo Sales.

Returns

For Details on Returns & Exchanges please see our returns and exchanges page.

Cancellation of an order

You may cancel your order placed up to the point of dispatch. Upon cancellation, all payments will be fully refunded within 2 working days. However, all orders of bespoke embroidery products cannot be cancelled once confirmation of the order has been received, payment made and work begun.

Delivery

For full delivery terms please see our Delivery information page

If any item cannot be delivered within this time specified when the order was placed, we will inform you of the reason for delay, along with a proposed delivery date.

Goods will be sent to the delivery address given by you when placing the order. If your delivery address is outside of the UK, you may be subject to import duties. You must meet any additional charges for customs clearance.

Conformity of Goods

We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products.

Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.

For products which are Faulty or not to the standard that you expect then please contact us by email info@bluecuckoo.co.uk or by telephone on 01386 859360 or 07811262859 and we will endeavour to correct the problem as quickly as possible.

Data Protection

It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the www.bluecuckoo.co.uk. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.

Links

www.bluecuckoo.co.uk includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. Bluecuckoo has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk.

Intellectual property

www.bluecuckoo.co.uk , its style and structure, and the materials and information on www.bluecuckoo.co.uk of are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents in www.bluecuckoo.co.uk assert their moral rights. www.bluecuckoo.co.uk and Bluecuckoo are trademarks of Bluecuckoo

Our Liability

Since a substantial part of www.bluecuckoo.co.uk is both free and available to all, it is a condition that your use of www.bluecuckoo.co.uk is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.bluecuckoo.co.uk for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.bluecuckoo.co.uk shall be limited to £50. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.

Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.

Complaints

If you believe that your intellectual property or other rights are being infringed by the www.bluecuckoo.co.uk, or if you are dissatisfied with www.bluecuckoo.co.uk or any aspect of our service, in the first instance please contact info@bluecuckoo.co.uk or on

+44 (0) 1386 859360

2. PRIVACY POLICY

At Bluecuckoo, we understand that your privacy is important.

This Privacy Policy (the “Policy”) explains what information we collect about you and what we do with it. By using or navigating this site and its services, you acknowledge that you have read, understood and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or revisit this site.

This Policy applies to all of the services offered by Bluecuckoo on www.bluecuckoo.co.uk (the “Website”).

Who are Bluecuckoo?

Bluecuckoo embroiders fabric using our own images or images provided by you. The fabric is usually made into cushions and made to order. We may also create other items from time to time. We also undertake embroidery and other work at the request of individuals, and interior designers and furniture manufacturers on behalf of their clients.

Details of our Data Protection Officer responsible for overseeing questions in relation to this privacy notice, and our details are set out in the “How to Contact Us” section at the end of this notice.

Our Commitment to You

We take the protection of your personal data seriously and will process your personal data fairly, lawfully and transparently. This privacy notice describes the personal data we are collecting about you and how it is used.

We will only collect and use your personal data for the following purposes, to:

fulfil your order(s)
keep you up to date with the latest products, offers and events
help us to make our marketing more relevant to you and your interests
improve our services
meet our legal responsibilities

Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and customers.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and our customers, in other words, where we determine the purposes and means of the processing of that personal data.

1.3 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

1.4 In this policy, “we”, “us” and “our” refer to Lizzie Pinney of Bluecuckoo. For more information about us, see Section 12.

2. How we use your personal data

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;

(b) the purposes for which we may process personal data; and

2.2 We may process data about your use of our website and services (“usage data“) through Google Analytics. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services

2.3 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address. The profile data may be processed for the purposes of fulfilling an order made through our website. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.4 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include name, phone number, email address. The source of the service data is you. The service data may be processed for the purpose of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you]. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.6 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed, for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent through our GDPR compliant newsletter sign-up forms.

2.8 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may be processed for the purposes of communicating with you and record keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with customers.

2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely, the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary, for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.12 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2 We will never disclose your enquiry data to a third-party suppliers of goods and services for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services.

3.3 Bluecuckoo may present links to third-party websites. Third party websites should have their own privacy policies and we recommend that you read such policies to find out how your personal details are protected. We are not responsible for the content of the privacy policies of these third-party websites

3.4 Bluecuckoo may share personal information with third party companies covering the delivery or logistics of your purchase, to fulfil orders you have made for goods and services.

3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

4.1 Given the global nature of the Internet, use of the Internet to collect and process personal details may involve the transmission of data internationally. Therefore, by browsing this Website and communicating electronically with us, you acknowledge and agree that we may process your details overseas. However, we will always ensure that any third party to whom your personal details are transferred (for example, a website hosting company or operator) will take appropriate steps to safeguard your personal details.

4.2 There are no circumstances in which your personal data may be transferred to third party businesses in countries outside the European Economic Area (EEA), for the purposes of up-selling or cross-selling goods or services.

5. Retaining and deleting personal data

5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.

5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.

6. Amendments

6.1 We may update this policy from time to time by publishing a new version on our website.

6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

6.3 We may notify you of changes to this policy by email.

7. Your rights

7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.11 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.12 You may exercise any of your rights in relation to your personal data, by written notice to us, in addition to the other methods specified in this Section

8. Cookies

8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

8.4 When you visit Bluecuckoo, we may use “cookies” to enable you to sign back in to Bluecuckoo services quickly and easily and to help personalise your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that we can read when you revisit us. Cookies cannot be used to run programs or deliver viruses to your computer. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser to decline cookies. If you choose to decline cookies, you may not be able to take advantage of some Bluecuckoo features that may depend on cookies.

9. Our details

9.1 This website is owned and operated by Lizzie Pinney of Bluecuckoo.

9.2 We are registered in England and Wales and our office is at The Old Post Office, 25 The High Street, Broadway. Worcestershire WR12 7DP.

9.3 You can contact us:

(a) by post, to Bluecuckoo, The Old post Office, 25 The High Street, Broadway. Worcestershire. WR12 7DP

(b) using our website contact form;

(d) by email, using info@bluecuckoo.co.uk

10. Data protection officer

10.1 Our data protection officer’s contact details are: Lizzie Pinney, info@bluecuckoo.co.uk 01386 859360, The Old Post Office, 25 The High Street, Broadway. Worcestershire WR12 7DP

TERMS & CONDITIONS PRIVACY POLICY

1. TERMS & CONDITIONS

2. PRIVACY POLICY

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TERMS & CONDITIONS

PRIVACY POLICY