OVERVIEW

This website is operated by Heath + Down. Throughout the site, the terms “we”, “us” and “our” refer to Heath + Down. Heath + Down offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Custom made to order items are not subject to returns due to their bespoke nature.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Heath + Down, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Heath + Down and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@heathanddown.com

1. Definitions and Interpretation

i) In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract formed between you and us, as detailed in clause 2;

“Client/You/Your” means you, the Consumer, firm or corporate body purchasing the Services;

“Products”, where applicable, means the product to be provided by us to you as detailed in our Proposal;

“Proposal” means our estimate for providing the interior design Services and Products,

“Services” means the interior design services to be provided by us to you as detailed in our Proposal;

“Third party contractors” means third party companies, firms or individuals that undertake certain work for the Client, such as decorating, building work, carpet fitting, floor fitters, curtain and blind manufacture; and

“Website” means https://www.heathanddown.com/

ii) Each reference in these Terms and Conditions to:

“writing” and “written” includes emails;

“these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;

a clause is a reference to a clause of these Terms and Conditions; and

a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

2. How the Contract is Formed

i) These Terms and Conditions govern the sale of all Services and Products provided by us and will form the basis of the Contract between you and us.

ii) Following our initial consultation, we will provide you with a Proposal for the Services or Products you have requested. This will be based on the brief given by you. All details of the project or any relevant information must be given to us fully and to the best of your knowledge. A legally binding Contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, please ensure that you have read these Terms and Conditions carefully. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.

iii) Any Proposal we may send is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.

3. Interior Styling Services

i) We will ensure that our Services are provided with reasonable care and skill. Our Services, and any guidance we provide, will be from an interior styling and decoration perspective only; you must gain specialist advice from architects, building control, structural engineers or other specialist contractors or trades where applicable.

ii) For our Digital Mood Boards, we will provide you with a design and/or selection of options that meet your brief. We will accommodate a maximum of two revisions to your design. Any further alterations, any changes to the original brief, any changes required after you have approved the design works required or any additional visits required above the allowance included for in our Proposal will be chargeable at our hourly rate (£80 ph.).

iii) If you require any additional services after accepting our Proposal, we will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.

iv) It is your responsibility to check all dimensions and measurements set out in any plans we provide, and it is the builder or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.

v) If we are asked to provide lighting, heating, flooring or any other services, we will produce these as guidance only from a design point of view. It will be the relevant Third Party Contractor’s responsibility to ensure the work from the plans we have created is safe and practical.

vi) We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to undertake the work yourself, you will need to ensure the relevant contractor is suitable for your needs. You will be responsible for making arrangements and paying the contractor directly and they will be liable to you directly for their actions or inactions.

vii) Any timescales we provide are for guidance only and are not of the essence of the Contract. All such dates shall be approximate only and Heath and Down cannot be held responsible for any delays.

viii) We can suggest third party companies, firms or individuals (Third Party Contractors) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work as confirmed by Heath and Down. We can be instructed by you to brief these contractors in accordance with designs already approved by you. You are responsible for instructing, booking, scheduling and managing Third Party Contractors. They will invoice you directly and you will be responsible for paying them directly. We will not provide a warranty, guarantee, or certification of their part of the project and neither will we be responsible for the quality of their works, materials used, their performance, nor their duration of works. However, we can organise and supervise them for conformity to our design concept. Full management of Third Party Contractors will require a separate contract and will be charged at £80ph.

4. Products

i) We may agree to coordinate the ordering of products for your design. We cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases you have made. We strive to select furniture and accessories and brands with good reputations; however, we will not be held responsible for the quality of any furniture or accessory that we select or propose.

ii) We make all reasonable efforts to ensure that all descriptions and illustrations of Products we source correspond to the actual Products that you will receive. Please note, however, that there may be slight variations between the image of an item and the actual Product sold due to differences in computer displays and lighting conditions.

iii) It is the Client’s responsibility to check all dimensions and measurements we provide to ensure the products are fit for purpose.

iv) It is the Client’s responsibility to conduct the necessary access checks to ensure the furniture can be delivered successfully to the delivery address provided.

v) Once products have been purchased, most items bought cannot be returned. Customised, bespoke and made to order products cannot be returned under any circumstances. If returns are possible, the Client is responsible for orchestrating the return and will pay for any costs that may be incurred (eg. shipping, packaging).

vi) We will contact the client one week prior to delivery of furniture and or goods (whether that is to the Client’s address or that of Heath and Down) and arrange a mutually convenient date for delivery or collection. Every effort will be made to ensure delivery is made on time, however under no circumstances will refunds be given if the delays beyond our control are incurred. Heath and Down can be booked to accept deliveries on site but this will be charged at £80ph, unless agreed otherwise.

5. Product and Payment

i) Unless stated otherwise, all products we source on the Client’s behalf, we require full payment upfront.

ii) We reserve the right to issue additional progress invoices and the final invoice at any time, if the Services are delayed through no fault of our own. We also reserve the right to request 100% of the quoted fee up front at our sole discretion.

iii) Unless otherwise agreed, our hourly rate is £80. With regards to day rates, a ‘day’ constitutes 7 hours.

iv) All invoices are payable immediately or within 7 calendar days from the date of invoice, without set-off, withholding or deduction.

v) We will include in our invoices the cost of any materials purchased on your behalf, such as paint or fabric samples.

vi) We will include in our invoices any road traffic expenses incurred as a result of completing your project eg. fuel costs, parking charges, ULEZ or congestion charge payments, toll road payments, van hire and associated insurances.

vi) If you do not make payment to us by the due date, we will stop providing our Services and will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, both before or after judgment. This will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

vii) Should the works be delayed or postponed for a period of 6 months or more in any one stage, through no fault of our own, we reserve the right to review and amend our fees and will notify you of this.

viii) Should we have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs so incurred.

6. Cancellation and Termination Policy

i) The Client has the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions.

ii) The Client does not have the right to cancel the Contract if the supply of the Services begins with the Client’s agreement before the end of the seven working day cancellation period. If products have been ordered within the 7 day cooling off period, they are non-returnable and will need to be paid for in full.

iii) To exercise the right of cancellation the Client must give written notice to us by hand or post, or email.

7. Our Liability

i) We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

ii) If you are not a Consumer, we will not be responsible to you for any loss of profit, loss of business, interruption to business, loss of any business opportunity or for any other indirect or consequential loss. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you for the Services.

iii) We will use our own exclusive judgment when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, we will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.

iv) We may provide referrals or recommendations to other companies. However, the decision regarding their suitability rests with you and we accept no liability for their actions or lack of actions.

v) We cannot be held responsible for issues or defects in our Services where we have relied on information provided by you or other companies instructed by you.

8. Client’s Insurance Cover

i) The Client must have insurance coverage for all interior design products and services and all other materials during handling, moving, installations. The cover must also include for the interior designer. The client must not allow work to commence without sufficient insurance.

9. Intellectual Property Rights

i) We own (and retain) all intellectual property rights subsisting in any and all designs we create.

ii) We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.

iii) We will issue designs in our standard, non-editable format only. If you require CAD or other information which could be manipulated by others, please inform us in advance. We will only issue these at our sole discretion and subject to the acceptance of our Professional Indemnity insurers and this will be chargeable (typically at the remaining fee for the total project phase).

iv) You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.

v) We reserve the right to use any design created by us and take photographs of the property for our own promotional purposes. Please advise us when accepting our Proposal if you do not agree to this.

10. Events Outside of Our Control (Force Majeure)

i) We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.

11.Data Protection

i) We protect client’s personal data. No information will ever be forwarded onto third parties, suppliers and subcontractors unless agreed with the client.

ii) Any personal data provided by the client will be stored securely with access only for staff members.

iii) Data will never be visible to other clients of Your ID Interior Design Ltd.

12. Complaints and Feedback

i) We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

ii) If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance within 7 days. We will respond to your complaint within 7 days.

If you’d like to return your order, please contact us as soon as possible by emailing hello@heathanddown.com. We operate a 14 day returns policy upon receipt of your goods. As a lot of our products are unique, fragile and/or weighty, we are committed to implementing a returns system that means monies you are owed are refunded quickly and returned products arrive back with us in a saleable condition.

If your issue relates to damage during transit we kindly request that you take a photograph of any damage to the packaging and/or product and keep hold of the original packaging.

We will arrange directly with you the best course of action for returning your goods and/or handling any issues.

If you wish to return goods, within our agreed timeframe, because you have changed your mind, please note that you will be liable for arranging the delivery and return costs of the goods. We are always happy to advise on preferred couriers. Some of our items are ‘collection only’ so you will be responsible for ‘hand delivery’ of these types of goods back to us.

REFUNDS

Once your goods have been returned we will refund or replace your goods depending on what has been agreed between us, minus delivery costs if this is due to a change of mind.

Refunds will be made in line with your original method of payment and receipt will be in line with your card issuer or bank’s policies. We always process refund payments swiftly.

RETURN SHIPPING

You will be responsible for paying for the shipping costs to return your item unless it is due to a problem with the goods which we should be responsible for. If you collected your item from us, you will be expected to return it to us in the same way.

In the instance you are due a refund the cost of outgoing shipping will be deducted from your refund unless the return is due to an issue that is our responsibility.

Please do get in touch if you have any questions regarding shipping and returns.

The cost of packing and shipping is applied at checkout. If you wish to purchase multiple items please contact us for a shipping quote as we can combine ship which will prove more cost effective.

For international deliveries please contact us for a shipping quote.

If you have any queries regarding shipping quotes for a particular item please do get in touch at hello@heathdanddown.com

Our Intent.

We are committed to safeguarding the privacy of our customers. Heath + Down will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998 (the “Act”).

Changes to Data Protection Legislation.

Data Protection legislation and the Act is currently going through a period of change. The introduction of the European Union’s General Data Protection Regulation (GDPR) and the new British Data Protection Bill, that will replace the Act and is currently passing through Parliament is the basis of this change. This Privacy Notice is therefore intended to comply with the Act and GDPR but may change over time.

Members’ & Prospective Members’ Terms & Conditions.

This Privacy Notice forms part of Terms & Conditions for being a member or prospective member of Heath + Down. In legal terms, members are “Data Subjects,” i.e. “you.” However, we may also under this collect personal information regarding your spouse and dependents if appropriate.

The Data Controller.

Heath + Down is from a legal perspective classed as the ‘Data Controller’.

Data Protection Officer (DPO).

Heath + Down DPO is the Director Nicky Guymer. Heath + Down DPO fulfils a number of roles, one of which is to be the primary and independent point of contact for data protection matters. The formal mechanism for members to raise concerns regarding the processing of personal data is primarily to email: hello@heathanddown. However, verbal enquiries from customers will be treated appropriately by Heath + Down staff members, although a written follow up may be requested if appropriate.

Purpose of Processing Personal Data.

We collect personal data primarily to run our tutoring and mentoring programmes, as well as ongoing support for customers. We also use it to improve service quality and understand customer needs.

Lawful Basis of Processing Personal Data.

The lawful basis of, processing your personal data are as follows:

Consent.

Once you have agreed to this Privacy Notice of our Terms & Conditions, you will be registered for the processing of your personal data, based upon your Consent.

Categories of Personal Data Processed.

The information we hold should be accurate and up-to-date. The personal information which we hold will be held securely in accordance with our internal data protection and security policies. The type or categories of personal data we will collect about you includes your:

1) Name.

2) Postal address.

3) Email address.

4) Mobile, and/or landline number.

5) Birth Date (without year)

Category of Recipients of Personal Data.

Your name, birth date and contact details will primarily be used for sending offers, products and events provided by Heath + Down only.

Transfer of Personal Data Outside the EEA (European Economic Area).

Personal data will only be transferred outside the EEA or other areas of adequacy determined by the EU, for specific events. If this is required, consent will be explicitly requested from you.

Sensitive Personal Data.

We will never collect sensitive personal data about you without your explicit consent and a clear explanation why it is required.

Sale or Passing of Personal Data to Third Parties.

We will not sell or pass your personal data to any commercial or charitable organisation.

Retention of Personal Data.

We will retain your personal data as follows:

Information Held Under Consent.

We will hold your information whilst you are a client of Grant Macdonald (Silversmiths) Limited. Following this, we will request your consent to continuing to hold your name and relevant details to support our historical records.

Data Subject’s Rights.

Under the Act and in even more so under the GDPR you have a number of Rights which we have outlined below:

Right of Access.

You are entitled to access your personal data so that you are aware of and can verify the lawfulness of the processing. This is achieved through the mechanism of a Subject Access Request (SAR) and you have the right to obtain:

1) Confirmation that your data is being processed (held)

2) Access to your personal data (a copy) and

3) Other supplementary information that corresponds to the information in this privacy notice.

Fees and Timings.

Under GDPR and from 25 May 2018, this information will be provided without charge; without delay and within one month. If an extension is required or requests are considered manifestly unfounded or excessive, in particular because they are repetitive, Heath + Down may choose to charge a reasonable fee taking into account the administrative costs of providing the information; or refuse to respond.

Identify Verification.

To protect your personal data, Heath + Down will seek to verify your identity before releasing any information, which will normally be in electronic format.

Right of Rectification.

You are entitled to have personal data rectified if it is inaccurate or incomplete. Heath + Down will respond within one month of your request. In the unlikely event that Heath + Down does not take action to the request for rectification, we will inform you of your rights to complain or seek judicial remedy.

Right of Erasure.

You may request the deletion or removal of personal data where there is no compelling reason for its continued processing. The Right to Erasure does not provide an absolute ‘right to be forgotten’. However, you do have a right to have personal data erased and to prevent processing in specific circumstances:

Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.

When you withdraw consent.

When you object to the processing and there is no overriding legitimate interest for continuing the processing.

Right to Restrict Processing.

Under the Act, you have a right to ‘block’ or suppress processing of personal data. The restriction of processing under the GDPR is similar. When processing is restricted, Heath + Down is permitted to store the personal data, but not further process it. In this event exactly what is held and why will be explained to you.

Right to Data Portability.

You may request to obtain and reuse your personal data for your own purposes across different services. This allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability. The Right to

Data Portability only applies:

To personal data you have provided to Heath + Down.

Where the processing is based on your consent or for the performance of a contract

and

When processing is carried out by automated means.

In these circumstances Heath + Down will provide a copy of your data in CSV and/or PDF format free of charge within one month.

Automated Decision Making and Profiling.

Heath + Down does not employ any automated decision-making or conduct profiling of Data Subjects. However, if you have consented to be held on our Customer Relationship Management (CRM) database we may periodically send you marketing information so that you are informed of upcoming events and job opportunities. These will be automated but they do not involve automated decision-making or profiling.