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Terms & Conditions

Macpac Limited is committed to respecting individuals’ rights to privacy and to the protection of personal information.

This privacy notice applies to all personal information processing activities carried out by Macpac Limited. The policy explains when and why we collect personal information about people who visit our website, how we use it, the conditions under which we may disclose it to others and how we keep it secure.

We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Policy. Any questions regarding this Policy and our privacy practices should be sent by email to gdpr@macpac.co.uk or by writing to Macpac Limited, Unit 5 Barton Road, Heaton Mersey Industrial Estate, Stockport, SK4 3EG. Alternatively, you can telephone 0161 442 1642. The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

Who are we?

Macpac is a thermoformed packaging manufacturer, we are classed under GDPR regulations as a data controller. That means we decide how your personal data we receive is processed and for what purposes.

How do we collect information from you?

We obtain information about you when you use our website, for example, when you use our online store (macpaconline.co.uk), contact us about products and services, visit our website, or if you register to receive one of our regular Newsletters.

What type of information is collected from you?

The personal information we collect might include your name, address, email address, phone number, IP address, and information regarding what pages are accessed and when. If you place an order online from us, your card and other payment information is not held by us, it is collected by our third party payment processors, who specialise in the secure online capture and processing of credit/debit card transactions, as explained below.

How is your information used?

We may use your information to:

  • Process orders that you have submitted through our online shop.
  • Process quotations for our products or services.
  • To carry out our obligations arising from any contracts entered into by you and us.
  • Notify you of changes to our services.
  • Send you communications that may be of interest to you. These may include newsletters, information about new products, and other business related updates.

We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations. We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you may hold with us.

What is our legal basis for processing your personal data?

Our lawful basis for processing your general personal data under article 6 of GDPR is as follows;

Consent of the data subject – We will directly ask for your consent to process data;

  • When you sign up for our regular newsletter on our website

Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract – We will collect and use your personal data in the following circumstances;

  • When you make a purchase on our website so that we can process your payment, confirm transaction details (typically via email) and arrange delivery of the goods and services.
  • Provide you with a quotation for goods, and services that you have requested from us.
  • Fulfil any orders for goods, or services you have requested

Who has access to your information?

Macpac requires access to personal information such as name, phone, email address, delivery address, telephone number, and payment details in order to process any orders. It is important to note:

  • We will not sell your information to third parties
  • We will not share your information with third parties for marketing purposes

Third party service providers working on our behalf:

We may pass on your information to our third party service providers, for the purposes of completing tasks and providing services to you on our behalf (for example to process payments, or to mail you our newsletter.) However, when we use third party service providers, we disclose only the personal information that is necessary to deliver the service. Please be assured that we will not release your information to third parties for them to use for their own direct marketing purposes. We use a secure online payment processor, who specialises in the secure online capture and processing of credit/debit card transactions. If you have any questions regarding secure transactions, please contact us.

Your choices

You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct communications from us and our products and services, then you can unsubscribe at any point using the unsubscribe link found on each email we send, you can also choose to not tick the marketing checkbox when signing up for our products.

We will not contact you for marketing purposes by email, phone or text message if you have withdrawn your consent, or asked to be removed from our databases. We will not contact you for marketing purposes by post if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by contacting us by email: info@macpac.co.uk. Alternatively, you can telephone us on 01614421642.

How can you access and update your information?

The accuracy of your information is important to us. We’re working on ways to make it easier for you to review and correct the information that we hold about you. In the meantime, if you change email address, or any of the other information we hold is inaccurate or out of date, please email us at: info@macpac.co.uk, or write to us at: Macpac Limited, Unit 5 Barton Road, Heaton Mersey Industrial Estate, Stockport, SK4 3EG. Alternatively, you can telephone 01614421642. You have the right to ask for a copy of the information that Macpac hold about you.

Security precautions in place to protect the loss, misuse, or alteration of your information

When you give us personal information, we take steps to ensure that it’s treated securely. Any sensitive information (such as credit or debit card details) is encrypted and protected with the following software 128 Bit encryption on SSL. When you are on a secure page, a lock icon will appear on the bottom of web browsers such as Microsoft Internet Explorer or Google Chrome.

Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems. Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Use of ‘cookies’

Like many other websites, Macpac uses cookies. ‘Cookies’ are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. We use ‘cookies’ so that our ecommerce website can provide you with a shopping cart, and so that we can track website statistics, using Google Analytics. Please note that we do not store personal data within ‘cookies’. You may view or manage your website cookies from the information page.

How to make a complaint?

To exercise all relevant rights, queries or complaints please in the first instance contact the Macpac Data Protection Officer via email at: gdpr@macpac.co.uk, or write to us at: Macpac Limited, Unit 5 Barton Road, Heaton Mersey Industrial Estate, Stockport, SK4 3EG. Alternatively, you can telephone 01614421642.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0161 442 1642.

Application

  • 1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are MACPAC LTD a company registered in England and Wales under number 1107529 whose registered office is at Barton Road, Heaton Mersey Industrial Estate, Stockport, SK4 3EG with email address sales@macpac.co.uk; telephone number 0161 442 1642; fax number 0161 442 1643 (the Supplier or us or we).
  • 2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  • 3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • 4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • 5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  • 6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  • 7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • 8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • 9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • 10. Website means our website www.macpac.co.uk on which the Goods are advertised.

Goods

  • 11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  • 12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  • 13. All Goods which appear on the Website are subject to availability.
  • 14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

  • 15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
  • 16. We retain and use all information strictly under the Privacy Policy.
  • 17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  • 18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  • 19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • 20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  • 21. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
  • 22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  • 23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  • 24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  • 25. Prices and charges include VAT at the rate applicable at the time of the Order.
  • 26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

  • 27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 14 days after the day on which the Contract is entered into.
  • 28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    • a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    • b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  • 29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  • 30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  • 31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  • 32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  • 33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  • 34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  • 35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  • 36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  • 37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

  • 38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  • 39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    • a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
    • b. goods that are made to your specifications or are clearly personalised;
    • c. goods which are liable to deteriorate or expire rapidly.
  • 40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    • a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

  • 41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  • 42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  • 43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the model cancellation form at the end of this document, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  • 44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.macpac.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
  • 45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  • 46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

  • 47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  • 48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    • a. 14 days after the day we receive back from you any Goods supplied, or
    • b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  • 49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  • 50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

  • 51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Barton Road, Heaton Mersey Industrial Estate, Stockport, SK4 3EG without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  • 52. For the purposes of these Cancellation Rights, these words have the following meanings:
    • a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    • b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

  • 53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  • 54. Upon delivery, the Goods will:
    • a. be of satisfactory quality;
    • b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    • c. conform to their description.
  • 55. It is not a failure to conform if the failure has its origin in your materials.
  • 56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Successors and our sub-contractors

  • 57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  • 58. In the event of any failure by a party because of something beyond its reasonable control:
    • a. the party will advise the other party as soon as reasonably practicable; and
    • b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Excluding liability

  • 59. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  • 60. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  • 61. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • 62. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 48 hours.

Model cancellation Form
To
MACPAC LTD
Barton Road
Heaton Mersey Industrial Estate
Stockport
SK4 3EG

Email address: sales@macpac.co.uk
Telephone number: 0161 442 1642
Fax number: 0161 442 1643

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date