TERMS AND CONDITIONS

1. TERMS AND CONDITIONS OF WEBSITE USE

These terms of use, together with the documents referred to in it, (“Terms”) tells you the terms of use on which you may make use of our website http://designs.colefax.com (“Website”), whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

The website is owned and operated by Colefax and Fowler Limited, Registered office: 19-23 Grosvenor Hill, London W1K 3QD, Registered number: 1644809.

In these Terms of Use the terms “we”, “us” and “our” refers to Colefax and Fowler Ltd and “you” and “your” refers to you, the user of the Website.

By accessing this website you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use the site.

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Although every effort is made to ensure the accuracy of the information contained within the website Colefax and Fowler Ltd accepts no liability for any claim made by a person or company resulting from an error or omission.

Conditions of use

The contents of these websites are intended solely for personal, non-commercial use and are displayed solely for the purpose of promoting our products and services. You are permitted to download or print pages from the website as a record of your visit provided you do not reproduce or publish, transmit, distribute, display, modify or otherwise exploit any such material without prior approval of Colefax and Fowler Ltd.

Copyright notice

All content included on these websites (including, but not limited to, logos, images, photos, designs, graphics and text) is the property of Colefax and Fowler Ltd and as such is protected by UK and international copyright and other intellectual property laws.

Any unauthorised reproduction or copying of the products or images featured on this website and belonging to Colefax and Fowler Ltd may result in legal action.

Your Account and Password

If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your or password, you must promptly notify us at uksales@colefax.co.uk.

Accuracy of content

While we take all reasonable efforts to ensure information provided on our website is accurate, in particular the product detail and description, all material displayed is provided by way of information only, and you should verify the product with your local stockist before placing an order.

Limitation of our Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

Damage to your computer

Whilst we take all reasonable steps to ensure this website is free from viruses or defects, we cannot guarantee against harmful attacks, and we do not accept liability for any possible viruses. It is your responsibility to ensure appropriate safeguards are in place before downloading any information from this website. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

Colefax and Fowler Ltd will not be liable to any person for any loss or damage which may occur to computer equipment as a result of using this website.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

2. PRIVACY POLICY

Colefax and Fowler values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to our website and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. You will be asked to register if you would like to use some of the services and features we offer on our website.

This privacy policy sets out how Colefax and Fowler uses and protects any information that you give Colefax and Fowler when you use this website. Colefax and Fowler values its customers and are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Changes to this policy

Colefax and Fowler may change its privacy policy from time to time. Any such changes will be posted on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check this page from time to time to ensure that you are happy with any changes.

Consent

You will be asked to register if you would like to use some of the services and features we offer on our website. If you choose not to register or not to provide personal information, you may still visit our website but you will not be able to access the restricted areas available to registered users. By completing the registration process, you are confirming that you accept the terms of our Privacy Policy as described and consent to our using your information accordingly.

What we collect

We may collect the following information:

• name
• contact information including email address
• demographic information such as postal address, phone number and postcode,
• other information relevant to newsletter subscription and moodboards

What we do with the information we gather

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If we are, or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Colefax and Fowler Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Internal record keeping

We may use the information provided to improve our products and services.

From time to time, we may also use your information to contact you for internal research purposes in order to improve our products and services. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

We may periodically send promotional emails about new products, special offers, our annual sale or other information which we think you may find interesting using the email address which you have provided.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Secure transactions

When you enter an area of the site that carries or requires you to enter sensitive information such as your credit card details, a padlock icon will appear in the address bar of your browser, indicating that the page is secure. We use the Secure Sockets Layer (SSL) security standard to encrypt such information so that they cannot be ready by unauthorised parties.

Credit Card Details

We do not store of process credit card details on our site. Any credit card details you provide are processed by our payment provider, Global Payments. Global Payments hold and process any credit card details provided.

PCI Compliance

As we do not store or directly handle any credit card data we are PCI compliant at SAQ level A.

Cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Different web browsers offer individual ways to configure your browser's privacy and cookie settings.

To find out more about managing cookies please see the links below:

• Microsoft Internet Explorer
• Mozilla Firefox
• Google Chrome
• Apple Safari
• Opera

Cookies we collect:

Cookie Name	Description
_ga and _gat	Google Analytics – a web analysis service provided by Google.  Google utilises the data collected to track and examine the use of http://designs.colefax.com, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualise and personalise the ads of its own advertising network. Personal data collected:  Cookie and Usage Data.  Place of processing: USA.  Find Google’s privacy policy here: http://www.google.com/intl/en/policies/privacy/
BypassGeoRedirectCookie	Used to identify traffic referred from international websites and ensure that they bypass our redirection to local websites specific to other regions.
–Ai_session, ai_user	Applications Insights – a service provided by Microsoft, Inc (“Microsoft”), used to detect issues, diagnose crashes, monitor server telemetry and track usage to help us improve the performance and usability of the website.  Information generated by these cookies about your use of the website (including our UP address) will be transmitted to and stored by Microsoft on servers in the USA.  Microsoft will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Microsoft may also transfer third information to third parties where required to do so by law, or where such third parties process the information on Microsoft’s behalf.
Basket	Used to store information about products added to your basket.
Moodboard	Used to store information about products added to your moodboards
Brands, Categories, Colours, New, Types, Uses, Keywords	Used to store design search criteria.
_RequestVerificationToken	Used to prevent Cross-Site Request Forgery (CSRF) attacks

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to the address below. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Questions

If you have any questions about this privacy policy, or the use of your personal information, or if you wish to request us to stop using your information in any way, please write to:

Data Protection Officer
Colefax and Fowler
118 Garratt Lane
London SW18 4DJ