Your trust is extremally important to us.
Commitment to privacy
Marine Marketing Services (Birkenhead) Ltd (“MMS”) are committed to complying with the General Data Protection Regulation and the Data Protection Act 2018, once enacted. Looking after the personal information you share with us is very important, and we want you to be confident that your personal data is kept safely and securely and to understand how we use it to offer you a better experience.
We have published this notice to help you understand
- How and why MMS collect information from you;
- Who we share your information with, why and on what basis; and
- What your rights are.
If we make changes to this notice we will notify you by updating it on our website. MMS will be what is known as the ‘Data Controller’ of the personal data you provide to us, and we will sometimes refer to ourselves in this notice as “we” or “us”. By Data Controller, this means MMS determines the purposes and way in which any personal data are, or will be, processed.
Should you need to contact us, please write to:
Marine Marketing Services, Office 53 Big Padlock Building, Champion Business Park, Arrowe Brook Road, Upton CH49 0AB
This privacy notice was last updated on 31st July 2018.
What information we collect and why?
When you buy goods from us, you are entering into a contract with us. To enable us to set this up we will ask you to provide specific information such as;
- company name
- contact name
- contact numbers, and
- email address.
How do we use your information?
Data Protection says that we can use and share your data only where we have a proper reason to do so. The law says we must have one or more reasons, and these are:
- Contract – your personal information is processed to fulfil a contractual arrangement e.g. to send you your order.
- Consent – where you agree to us using your information in this way.
- Legitimate Interests – this means the interests of MMS in managing our business to allow us to provide you with the best products and service in the most secure and appropriate way e.g. to transfer your data to certain Third Party’s such as delivery partners (couriers)
- Legal Obligation – where there is statutory or other legal requirement to share the information e.g. when we share your information for law enforcement purposes.
Here is a list of the ways that we may use your personal information, and which of the reasons described above we rely on to do so. Where we list legitimate interests as a reason, we also describe below what we believe these legitimate interests are.
|What we use your personal information for||Our reasons (legal basis)||Our explanation of MMS legitimate interests|
|Set up your MMS account||• Legitimate interest||Process efficiency in dealing with such activity.|
|Process your orders||• Fulfilling a contract||N/A|
|Notify you of your order status.||• Legitimate interests||Process efficiency in dealing with such activity, and to make improvements to our services.|
|Manage your account/ provide customer services to you.||• Legal obligation/Legitimate interests (depending on nature of services)||Keeping our records up to date, handling our customer contact efficiently and effectively, working out which of our products and services may interest you and telling you about them.|
|Marketing communications to inform you of special offers, promotions, new lines and Sales. Provide you with online advertising.||• Legitimate interests||Developing products, services, applications and designs that attract and retain customers. Improving customer interaction with our sites.
|Notifying you about enhancements to our services, such as changes to the website and new services that may be of interest to you.||• Legitimate interests||Developing products, services, applications and designs that attract and retain customers. Improving customer interaction with our sites.|
|Contact you to undertake customer satisfaction surveys, invite you to provide product reviews or for market research.||• Legitimate interests||Developing products, services, applications and designs that attract and retain customers. Improving customer interaction with our sites.|
|Maintaining network and data security||• Legitimate interests||To maintain the security of our network this in turns helps us to maintain the safety and confidentiality of your information.|
Who we share your information with and why
MMS works with trusted suppliers, and businesses in order to provide you the high-quality goods and services you expect from us, such as delivery companies.
Some examples of the categories of third parties with whom we share your data are:
- Supplier Partners
MMS works with trusted partners who supply products and services on our behalf. All partners are subject to thorough security checks and will only hold the minimum amount of personal information needed to fulfil the orders you place or provide a service on our behalf.
- Delivery Partners
In order for you to receive your goods, MMS works with a number of delivery partners. Again, we only pass limited information to them to ensure delivery of your items.
MMS works with trusted third-party payment processing providers to securely take and manage payments.
Keeping in touch with you
We want to keep you up to date with information about new ranges, special offers and improvements to our website.
MMS will not share your information with companies for their marketing purposes.
If you decide you do not want to receive this marketing information you can request that we stop by writing to
Marine Marketing Services, Office 53 Big Padlock, Champion Business Park, Arrowe Brook Road, Upton CH49 0AB or email us at firstname.lastname@example.org
You may continue to receive mailings for a short period while your request is dealt with.
How long we keep your information
If we collect your personal information, the length of time we retain it is determined by factors that include the purpose for which we use that information and our obligations under other laws.
We may need your personal information to establish, bring or defend legal claims. For this purpose, we will always retain your personal information for 7 years after the date it is no longer needed by us for any of the purposes listed under How we use your information above. The only exceptions to this are where:
- the law requires us to hold your personal information for a longer period, or delete it sooner;
- you exercise your right to have the information erased (where it applies) and we do not need to hold it for any of the reasons permitted or required under the law;
- we bring or defend a legal claim or other proceedings during the period we retain your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeals are possible; or
- in limited cases, existing or future law or a court or regulator requires us to keep your personal information for a longer or shorter period.
What are your rights
You are entitled to request the following from MMS, these are called your Data Subject Rights and there is more information on these on the Information Commissioners website www.ico.org.uk
- Right of access – to request access to your personal information and information about how we process it.
- Right to rectification – to have your personal information corrected if it is inaccurate and to have incomplete personal information completed.
- Right to erasure (also known as the Right to be Forgotten) – to have your personal information erased. Contact us – 0151 200 2581
- Right to restriction of processing – to restrict processing of your personal information.
- Right to data portability – to electronically move, copy or transfer your personal information in a standard form.
- Right to object – to object to processing of your personal information.
- Rights with regards to automated individual decision making, including profiling – rights relating to automated decision making, including profiling.
Marine Marketing Services (Birkenhead) Ltd (“MMS”) recognises that the disciplines of quality, health and safety and environmental management are an integral part of its management function. The Organisation views these as a primary responsibility and to be the key to good business in adopting appropriate quality standards.
The Organisation Quality Policy calls for continuous improvement in its quality management activities and business will be conducted according to the following principals:
* Comply with all applicable statutory laws and regulations.
* Follow a concept of continuous improvement and make best use of its management resources in all Quality matters.
* Communicate its Quality objectives and its performance against these objectives throughout the Organisation and to interested parties.
* Take due care to ensure that activities are safe for employees, associates and suppliers and others who come into contact with our work.
* Work closely with our customers and suppliers to establish the highest Quality standards.
* Adopt a forward-looking view on future business decisions that may have Quality impacts.
* Train our staff in the needs and responsibilities of Quality management.
It is our aim that with the total involvement and understanding of all staff through the implementation of the documented Quality Management System and information meeting the ISO 9001:2015 standards that we will exceed the expectations of our customers and staff.
- Marine Marketing Services (Birkenhead) Ltd “MMS” is a supplier of instrumentation spares to the Marine industry.
- MMS is committed to the highest level of ethical standards and sound governance arrangements and sets high standards of impartiality, integrity and objectivity in relation to its business dealings.
- MMS adopts zero tolerance to modern slavery and human trafficking and all forms of corruption and bribery directly and indirectly associated with these criminal acts.
- We fully support the government’s objectives to eradicate modern slavery and human trafficking.
- We call upon all organisations we engage with to influence their global supply chains by improving transparency and accountability; and together we can help the government eradicate the injustice and brutality of modern slavery and human trafficking.
Our procurement activities take place in England; and our suppliers are predominantly UK and EU based.
MMS has not, to its knowledge, conducted any business with another organisation which has been found to have involved itself with modern slavery. MMS has taken the following steps to ensure that modern slavery is not taking place:
Where possible we build long standing relationships with local suppliers and make clear our expectations of business behaviour.
With regards to national or international supply chains, our point of contact is preferably with a UK or EU company or branch and we expect these entities to have suitable anti-slavery and human trafficking policies and processes.
We have systems in place to encourage the reporting of concerns.
In this document the following words shall have the following meanings:
- “Seller” means Marine Marketing Services (Birkenhead) Ltd Company No. 08710751 registered in England, hereafter referred to as MMS. Registered office: Office 53 Big Padlock, Champions Business Park, Upton CH49 0AB.
- “Buyer” means the organisation or person to whom a quotation is addressed.
1.2 “Goods” means the articles to be supplied to the Buyer by the Seller;
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade-marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 These Terms and Conditions are available on request by email from the Seller or can be viewed online at www.marinemarketingservices.co.uk. The Seller reserves the right to amend the Terms and Conditions from time to time without directly notify previous Buyers.
2.3 Acceptance of sales order confirmation or pro forma invoice of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
3 PRODUCT INFORMATION
3.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
3.2 The Seller reserves the right to alter prices or withdraw and modify models from time to time without directly notifying previous Buyers. Products illustrated in all of the Seller’s literature and websites are done so as accurately as modern reproduction methods will allow.
4 PRICE AND PAYMENT
4.1 The price shall be that in the Seller’s current Trade List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. All goods are sold ex-works and carriage shall be paid for by the Buyer.
4.2 Payment of the price and VAT and any other applicable costs shall be done before delivery or within 30 days of the date the Seller invoice subject to approved credit terms. Credit terms can be removed by the Seller without explanation.
4.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.50%per annum above the base rate of the Bank of England.
4.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
4.5 require payment in advance of delivery in relation to any Goods not previously delivered;
4.6 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
4.7 terminate the contract.
5 DELIVERY SERVICE
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller.
5.2 Standard delivery is conducted using a third party courier, third party pallet carrier, or Seller’s own van. Delivery times vary according to each mode of transportation.
5.3 The delivery address specified by the Buyer must be safely accessible between the hours of 09.00 to 17.00 Monday to Friday.
A sales representative from the Seller will contact the Buyer to discuss additional delivery services required are priced on application and upon acceptance from the Buyer such charges will be added to standard delivery charge.
5.4 The delivery period specified by the Seller is an estimate only and shall not be of the essence of the contract. All deliveries conducted by the truck method will be booked in advance by telephone and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery
6 ORDER COLLECTION
6.1 Orders can be collected by the Buyer between the hours of 09.00 to 17.00 Monday to Friday (excluding Bank Holidays) from MMS, office 53 Big Padlock Building, Champion Business Park, Arrowe Brook Road, Upton CH49 0AB
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. The goods may be resold provided the proceeds of resale are paid to the Buyer to the extent necessary to discharge in full the amount due to the Seller
9 CANCELLATION AND RETURNS
9.1 During delivery the Buyer shall inspect the packaging for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage the Buyer must clearly sign the goods received as ‘damaged’ on the delivery receipt document before signing. The Buyer shall then notify the Seller within 24 hours.
9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are transit damaged. Goods that are defective or do not comply with any part of the Contract, must be reported to the Seller within 7 days of delivery.
9.3 Goods to be returned must be fully re-packaged and sealed in the original packaging format clearly showing the order number obtained from the Seller.
9.4 Goods to be returned must be available for the Seller to collect between the hours of 09.00 to 17.00 Monday to Friday at the Buyer’s premises or the address of the original delivery.
9.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
10.1 Applies to defect being due to the faulty design, materials or workmanship of the manufacturer.
10.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
10.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
10.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
11.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.2 the correspondence of the Goods with any description;
11.3 the quality of the Goods; or
11.4 the fitness of the Goods for any purpose whatsoever.
11.5 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
11.6 the correspondence of the Goods with any description;
11.7 the quality of the Goods; or
11.8 the fitness of the Goods for any purpose whatsoever.
11.9 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
12 LIMITATION OF LIABILITY
12.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
12.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 INTELLECTUAL PROPERTY AND RIGHT TO USE IT
The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller’s literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
19 WEBSITE USE AND LINKS
19.1 The Sellers websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
20 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.