OUR SHOP POLICIES

Service as it should be

We take every prudent level of protection to ensure that your data remains safe within our systems. All personal information provided to and held by us will be treated as strictly private and confidential.

Lawful reason for processing

We record your personal data for the purpose of providing you with martial arts and other sports equipment. Your data is not to be shared with others.

The right to be informed

We will only use and disclose information that we hold about you in the normal course of providing quotations or arranging subsequent purchases.

We may carry out various checks and pass your details to others for reasons that may include:

Identity checks
Sanction checks
Information exchanges with the Police
Working with fraud prevention agencies and registers
Obtaining information from other public and private sources and credit searches with credit reference agencies (these may appear on your credit report whether or not cover is arranged)

Consent

We will not contact you in respect of other services that we offer unless we have obtained your consent to do so. You can stop this consent at any time by giving us notice. We will not disclose any information to any other parties without your consent unless required to do so by law. You are free to withdraw your consent to use your data at any time though this may prevent us from providing you with our services.

The right to access

All of our clients have the right to access the data that we hold.

Most of our customers have access to their data stored in our computer systems through their personal online account and are able to inspect their policy documentation and basic information details.

Your Data can also be provided to you either:

As a series of PDF documents – these will be emailed to you at the email address that we hold in our records.
If you do not have access to the necessary computing power to receive documents in this way we can supply your file in paper format.

We will provide this information to you within 30 days of receipt of your request and you are entitled to receive this information free of charge.

PLEASE NOTE that we have the right to refuse or charge for requests that are manifestly unfounded or excessive. If we take this course of action, we will write to you to inform our reasons why. If this should occur and you are unhappy with our decision you may complain to the Information Commissioner as detailed at the end of this notice. You also have the full redress available to you through the court system.

The right to rectification

We will ensure that if you find any errors within the data that we hold we will take immediate steps to rectify them.

The right to erasure

We will ensure that we erase your contact data from all of our systems if requested as long as this does not conflict with the law or our obligations under regulation.

The right to restrict processing

We will only use your data for the procurement of martial arts and other sports equipment and clothing. We will not sell your data or pass it on to any other persons. It could be that we anonymise your data for the purpose of developing new products and services.

If you wish to restrict the use of your data, we will act in accordance with your wishes.

The right to data portability

We will supply your data to other persons or organisations at your request. This will be provided within 14 days of any request and will be supplied in an electronic medium to the email address that you specify. This will generally be in the form of an email attachment unless specifically requested otherwise. We will do our best to accommodate requests in whatever format you require but can only do so within the limitations of our own systems.

The right not to be subject to automated decision-making including profiling

Niedo (Phoenix Arts ltd) will not use your data in this way.

The right to object

All customers have the right to object to the way in which we handle their data. If you have an objection, please in the first instance contact us as below. We will immediately investigate your objection and take action as is appropriate.

info@niedo.co.uk.

What information do we collect?

We may collect, store and use the following kinds of personal information:

information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation);
information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
information that you provide to us for the purpose of registering with us;
information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
any other information that you choose to send to us;
Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.

Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

administer the website;
improve your browsing experience by personalising the website;
enable your use of the services available on the website;
send you goods purchased via the website, and supply to you services purchased via the website;
send statements and invoices to you, and collect payments from you;
send you general (non-marketing) commercial communications;
send you email notifications which you have specifically requested;
send you our newsletter and other marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);
provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
deal with enquiries and complaints made by or about you relating to the website;
keep the website secure and prevent fraud;
verify compliance with the terms and conditions governing the use of the website (including monitoring private messages sent through our website private messaging service);
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

Disclosures

We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

In addition, we may disclose your personal information:

to the extent that we are required to do so by law;
in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this privacy policy, we will not provide your information to third parties.

International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to such transfers of personal information.

Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

All electronic transactions entered into via the website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and other login details confidential. We will not ask you for your password (except when you log in to the website).

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

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. This enables the web server to identify and track the web browser.

We use both “session” cookies and “persistent” cookies on the website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We will use the session cookies to: keep track of you whilst you navigate the website; keep track of items in your shopping basket; prevent fraud and increase website security. We will use the persistent cookies to: enable our website to recognise you when you visit; keep track of your preferences in relation to your use of our website.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

Policy amendments

We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

RETURNS AND REFUNDS

The Small Print

Under sepcific circumstances items may be returned. Please come into one of our dojos with the product you wish to return and speak to a member of our team.

Exclusions

The following kinds of products may not be returned under this policy:

Groin guards, mouth guards and sports bras;
food, drink and any other products liable to deteriorate within the period set out in Section 1 and 2 above;
DVDs, CDs and other audio or video or audio-visual recordings;
computer software (whether on CD-ROM, DVD-ROM or otherwise);
newspapers, periodicals, magazines or similar products;
any product made to your specification;
any product made to order;
any product personalised or adapted for you;
gift vouchers.

Warranty

We offer a 6 month warranty on all our products. If an item becomes faulty within this time period you have the right to request a replacement item, we will not however be able to offer a refund.

TERMS

Interpretation

In these terms of sale, "we" means Phoenix Arts ltd (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

Order process

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
you will then be asked for your payment details;
we will then send you an initial acknowledgement; and
once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

The products

Our product range includes martial arts clothing, equipment, weapons and accessories. It also includes sport and fitness clothing and equipment.

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website we will ask you to expressly agree to these terms of use.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

Products

The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.

Prices stated on our website may be stated incorrectly.

The purchase of products via our website will be subject to our terms of sale.

We will ask you to agree to our terms of sale each time you purchase a product or products via our website.

Product reviews

In these terms of use, “your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your reviews will comply with these terms of use.

Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).

Your reviews (and their publication on our website) must not:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy, or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be blasphemous;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
be pornographic or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
constitute spam;
be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.

Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms of use will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

are subject to the preceding paragraph; and
govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to the website;
permanently prohibit you from accessing the website;
block computers using your IP address from accessing the website;
contact your internet services provider and request that they block your access to the website;
bring court proceedings against you for breach of contract or otherwise; and/or
suspend and/or delete your account with the website.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.