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Terms & Conditions

Terms relating to our Website

These Terms apply to the use of www.jcbpaint.com (“Website”).

By accessing this Website and/or placing an order with one of our Distributors you agree to be bound by the terms and conditions set out below. You may not use this Website if you do not agree to be bound by these Terms.

We amend these Terms from time to time. Every time you wish to order Products from one of our Distributors or use our Website, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 6 January 2018.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website or for any other loss of any kind.

 

Third party links

We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that the decision to enter a linked website is yours alone and we are not responsible for the availability of such external sites or resources. We do not review or endorse any such external sites or resources. We are not responsible or liable, directly or indirectly, for your use of such external websites or resources nor for (i) the privacy practices of such websites, (ii) the content of such websites, including any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources.

 

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

Subject to the final sentence of this paragraph (to the extent applicable) you acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase from a Distributor) download such material and content for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree 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. Despite the wording set out above, persons using this website for the purposes of professional use of the Products or resale of the Products may use the Website for such purposes to the extent required for such purposes.

 

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties (and exclude all conditions and other terms), whether express or implied in relation to its accuracy or adequacy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind (and exclude all conditions and other terms), whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties or conditions of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty or condition arising from course of dealing or usage or trade.

 

Our Values

We are a modern, forward thinking and innovative company offering exciting products. We are committed to the environment and take our responsibilities, to those who work for us and all those involved in our supply chain, seriously. For more information, please see our Transparency Statement below

 

Information about us and how to contact us

  1. Who we are. We are JCB Paint Limited a company incorporated in England and Wales. Our company registration number is 11109730 and our registered office is at QXE Barns, Oxpens, Yanworth, Gloucestershire, GL54 3QE. Our registered VAT number is 284135011
  2. How to contact us. You can contact us by telephoning our customer service team on +44 (0) 330 11 30002 or by writing to us at info@jcbpaint.com.
  3. How we may contact you. If we contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
  4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

How we operate

In all countries we operate through exclusive country-wide distributors. Your contract (and any rights arising under your contract) will be entirely with the relevant distributor and we assume no obligation or liability in connection with such matters (including in connection with your use of this Website).

We reserve the right to transfer your data to a distributor operating in your country where you have indicated, or we have inferred, that you have an interest in our products (“Products”) including where we believe the distributor could be of service to you in connection with the supply of our Products.

 

Privacy and cookies

This is described in our Privacy and Cookies policies.

 

Products

The images of the Products on the Website are for illustrative purposes only.

We have made every effort to display the colours of the Products as accurately as electronic media will allow. However, we cannot guarantee an exact colour match of the on-screen colour to the colours of the actual Products, and the colours contained on the Website should not be relied on as such colours may vary depending on your screen settings and resolution.

The packaging of the Products may vary from that shown on images on the Website.

We (or our licensors) own the copyright, trademarks, design right and all other intellectual property rights in the products and you agree that these rights may not be used in any way without our written consent.

 

Our rights to make changes

 

Changes to the Products

We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement technical adjustments and improvements, for example to improve colour fastness or to reduce our carbon footprint.

We reserve the right to withdraw all or any of the Products at any time.

 

Law

These Terms and any matter arising in connection with the Website shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

 

Privacy Policy

 

Background:

JCB understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it.  If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

Please do note the very important statement made in section 16 particularly if you are located outside the UK and EEA.

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
“Our Site” means this website, www.jcbpaint.com;
“UK and EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and
“We/Us/Our” means JCB Paint Limited, a limited company registered in England under company registration number 10085815, whose registered address is at QXE Barns, Oxpens, Yanworth, Gloucestershire, GL54 3QE

 

  1. Information About Us
    • Our Site, com, is operated by JCB Paint Limited a limited company registered in England under 11109730, whose registered address and main trading address is QXE Barn, Oxpens Farm, Yanworth, Cheltenham, Gloucestershire, United Kingdom GL54 3QE. Our VAT number is 284135011.
  2. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

  1. What Data Do We Collect?

Some data will be collected automatically by Our Site (for further details, please see section 12 on Our use of Cookies and Our Cookie Policy, other data will only be collected if you voluntarily submit it..  Certain data will automatically be collected such as your IP address, web browser type and version, your operating system and a list of URLs starting with a referring site, your activity on Our Site, and the site to which you exit.

  1. How Do We Use Your Data?
    • All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see section 6, below.
    • We use your data to provide the best possible products and services to you. This includes providing and managing your access to Our Site, personalising and tailoring your experience on Our Site, , personalising and tailoring Our products for you, responding to communications from you, market research;and analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;
    • With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephoneAND/OR text message AND/OR post with information, news and offers on Our products AND/OR We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
    • Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.
  2. How and Where Do We Store Your Data?
    • We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.
    • Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA currently consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
    • Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
    • Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
  3. Do We Share Your Data?

We may share your data (i) with other companies in Our group and (ii)   with a distributor operating in your country where you have indicated, or we have inferred, that you have an interest in the Products including where we believe the distributor could be of service to you in connection with the supply of Products.

 

  • We may sometimes contract with third parties to supply, among other things, , search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
  • We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
  • In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
  1. What Happens If Our Business Changes Hands?
    • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.
    • In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. If contacted you will not be given the choice to have your data deleted or withheld from the new owner or controller.
  2. How Can You Control Your Data?
    • When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails).
    • You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
  3. Your Right to Withhold Information
    • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you will be required to submit or allow for the collection of certain data.
    • You may restrict your internet browser’s use of Cookies. For more information, see section 12 and Our Cookie Policy.
  4. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £10. Please contact Us for more details at info@jcbpaint.com, or using the contact details below in section 13. 

  1. Cookies

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services.  By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.

We use the following third party Cookies on Our Site:

Cookie Name Default Expiration Time Purpose
_utma 2 years from set/update This cookie is used to distinguish users and sessions. It is updated every time data is sent to Google Analytics.
_utmb 30 minutes from set/update This cookie is used to determine new sessions/visits.It is updated every time data is sent to Google Analytics.
_utmc End of browser session Used to determine whether the user is in a new session/visit.
_utmz 6 months from set/update This cookie stores the traffic source or campaign that explains how a user reaches our site. It is updated every time data is sent to Google Analytics.

 

In addition, Our Site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. For more details, please refer to Our Cookie Policy.

  1. Social media

Our Website and Apps may provide you with social plug-ins from various social networks. If you choose to interact with a social network, your activity on our Website or via our Apps will also be made available to social networks such as Facebook and Twitter.

If you are logged in on one of these social networks during your visit to our Website or use of our Apps, the social network might add this information to your respective profile on this network. If you are interacting with one of the social plug-ins, this information will be transferred to the social network. In case you do not wish such a data transfer, please log off from your social network before you enter our Website or use one of our Apps.

We also offer the opportunity to connect with us through your social network account (such as Facebook). Please note that when you use this “social sign-on” option, we may receive certain information via the social network, such as your name, age, location, preferences, occupation, and other information from your public profile, and possibly also access to your pictures or lists of your friends on the social network. This information is not requested by us, but is provided by the social network through the use of the social sign-on option. When you use the social sign-on option, we will only import the information that is necessary  and will, upon receipt of any other information, discard that information received through the social network.Your social media platform might show you JCB and Product advertisements through its social media pages to the extent you have allowed this via the privacy settings of your social media provider

Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings

  1. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@jcbpaint.com, by telephone on +44 (0)330 113 0002 or by post at QXE Barns, Oxpens Farm, Yanworth, Cheltenham, Gloucestershire, United Kingdom GL54 3QE. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

  1. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

  1. Persons from Outside the UK and EEA

16.1 The above policy sets out our obligations to persons resident in the UK and EEA.  If and to the extent that persons located outside this area who use this Site are not entitled to equivalent protection in their own countries we do not assume the same obligations (although, in practice, we will seek to apply a consistent policy).

16.2 Please note that in many instances your data will be transferred, used and stored by country-wide distributors operating in your country.  These parties are independent distributors and not our agents and any failure to comply with local data protection legislation shall be a matter for them and not us.  Please note though that we do impose an obligation on them to adhere to local laws.  You should seek redress directly from such distributors in connection with any alleged breach of data protection law in your country. You indemnify us from and against any and all claims and liabilities arising in connection with data protection in your country.  Nothing in this paragraph is intended to, nor shall it, limit any mandatory obligation or liability we have under English law (or any EU equivalent legislation) to you in respect of data protection.