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Harp's Terms and Conditions Of Trading 

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Harp Design Limited Terms of Trading:

 

1. Consultancy Services

1. Definitions

In these Conditions (unless the conditions otherwise requires) the following words have the following meanings: The Seller or Harp Design Means Harp Design Limited , Unit 20-22 Broomfield House, Lanswoodpark, Broomfield Road, Elmstead Market, CO7 7FD (and includes, for the avoidance of doubt, any trading style of the Seller, including Harp Design); the Purchaser The person, firm or company, with whom any contract for the purchase of Goods is made; the Contract The Contract of sale between the Seller and the Purchaser; the Goods (the Works) The goods and/or works and/or services or any part thereof agreed to be sold and/or performed as described in the Particulars of Contract and any accessories thereto, or repaired or replaced or spare parts; Particulars of Contract The Particulars of Contract on the front page hereof (or attached hereto) including the Specifications, any Special Conditions together with any terms agreed by the Seller and the Purchaser and attached hereto or otherwise agreed in writing after the date hereof; Special Conditions Means a term and/or condition either stipulated on the face hereof or stipulated or agreed in writing by the Seller; Specification Means the description and technical specification of the Goods agreed and accepted by the Seller and the Purchaser.

2. Contract

2.1 These Conditions govern all contracts made by the Seller for the supply of Goods except in so far as any Special Conditions apply. Where Special Conditions do apply these Conditions shall also apply to the extent that they are not inconsistent therewith.

2.2 All quotations given, and all contracts made by the Seller are subject to these Conditions and any Special Conditions and all terms and conditions referred to by the Purchaser, or contained in any order or acceptance of quotation or otherwise brought to the notice of the Seller are hereby excluded, and no action on the part of the Seller (whether by delivery of goods or otherwise) shall be construed as an acceptance of any other condition.

2.3 No employee or agent of the Seller has authority to make any representation or give any warranty relating to the Goods or to agree any variation of or addition to these Conditions unless such representation, warranty, variation or addition is in writing and signed on behalf of the Seller by a person duly authorised.

2.4 These Conditions (as modified in accordance with Conditions 2.1 or 2.2) and together with the matters referred to in the Particulars of Contract embody the entire understanding of the parties and supersede any prior promises, representations, undertakings or implications.

3. Acceptance of Order

Accepting your order - If you confirm in writing, verbally or pay a deposit it will be deemed as you accepting your order with Harp Design Limited.

3.1 This Contract shall come into force when accepted by the Seller in writing, but may at the Seller's option cease to be binding on the parties, if within 30 days from the date of signature by the Seller:

3.1.1 The Purchaser has not obtained all necessary licenses, consents and approvals and given particulars to the Seller; or

3.1.2 The Purchaser has not given to the Seller all necessary technical information required by the Seller and signed agreed technical specifications; or

3.1.3 The Purchaser has not fulfilled any other conditions referred to in the Particulars of Contract; or

3.1.4 The Purchaser has not made the payment of the deposit (if any), referred to in the Particulars of Contract.

3.2 In any of such circumstances the Purchaser shall reimburse the Seller for all loss (including loss of profit) and expenses it may have already incurred or may thereafter incur in connection with this Contract.

3.3 If the Purchaser cancels the order once the work has started, the seller will calculate the time spent and charge the client up to £850 per day for the services already provided.

3.4 Deposits paid by the seller are non-refundable

4. Price

4.1 The price quoted shall be strictly limited to the works specified in the proposal document and is exclusive of VAT and any works not specifically identified.

4.2 The Seller is free to increase quoted prices (whether accepted or not) to cover variations in cost of materials, manufacture, carriage, scope of supply and insurance when such variations in such costs arise between the date of quotation and the date of completion of the Contract.

4.3 The Seller is free to charge more for any extra design work that the Purchaser instructs them to do outside of any agreed contract, should a price not be arranged prior to the works carried out the price will be charged at a rate of £750 per day plus travel expenses. 1 Day is equal to 8 hours including travel. Should the fee be less than one days work the charge will be £95 per hour including travelling time. 

5. Additions, Alterations and Improvements

5.1 The Seller may carry out, without notice to the Purchaser, alterations or improvements in design, materials or methods of manufacture from time to time, and may substitute other reasonably similar parts for any proprietary or special parts ordered by the Purchaser, which the Seller considers to be procurable or unprocurable in sufficient time, or unprocurable with difficulty or at an excessive cost.

5.2 Further, the Seller may supersede, materially alter or abandon the design or type of the Goods contracted for and may substitute another design or type. In exercising this right, the Seller shall give written notice to the Purchaser and the Purchaser may within 14 days after such notice is given, terminate the Contract by giving notice to the Seller. If the Contract is so terminated the deposit (if any) shall be returned to the Purchaser, but no other claim for loss or damage may be made by the Purchaser.

5.3 The Seller shall be entitled to charge for all goods, works or services additional to and not included in the Particulars of Contract. Charges shall be raised at the Seller's rate of charge current at the date of execution or supply of the additional or alternative goods or works. While the Seller will endeavour to advise the Purchaser before additional charges are incurred the Seller shall be deemed to have authorised the Seller to undertake such additional or alternative works or goods and to incur additional costs as the Seller may consider to be appropriate in the best interests of the Purchaser.

5.4 The Seller agrees to accept phone calls and give free advice to The Purchaser throughout the project and recommend up to two alternative suppliers free of charge and within reason, should this additional work add up to more than 2 hours work The Seller reserves the right to charge for this service. 

6. Payment

6.1 Payment shall be in accordance with the agreed terms and conditions for a specific contract.

6.2 The deposit (if any) paid in accordance with the Particulars of Contract is irrevocable, non-returnable (except in accordance with Condition 5.2 above) and non-interest bearing and shall be held and appropriated by the Seller against costs incurred in connection with the Contract.

6.3 If the Goods are delivered by instalments the Seller shall be entitled to invoice each instalment when delivery is made and payment shall be due in respect of each instalment whereof delivery has been made notwithstanding non-delivery of other instalments or other subsequent default by the Seller.

6.4 If upon the terms applicable to any Contract the price shall be payable by instalments or if the Purchaser has agreed to take specified quantities of Goods at specified times, a default by the Purchaser of the payment of any due instalment or the failure to give delivery instructions in respect of the quantity of Goods outstanding shall cause the whole of the balance of the purchase price to become due forthwith.

6.5 The price of the Goods shall be due in full to the Seller in accordance with the terms of the Contract and the Purchaser shall not be entitled to any set off lien or any other similar right or claim.

6.6 If any payment that is to be made hereunder to the Seller is more than 30 days overdue, the Seller shall be entitled (without prejudice to any other rights or remedies, and without giving prior notice) to charge interest thereon, from the date of default until the sum due is paid (as well after as before judgement) on a day to day basis at a rate of 4% above Bank of England Base Rate from time to time applicable with a minimum rate of 10% per annum.

6.7 Time of payment shall be of the essence and failure to make any payment on the due date, or any other breach by the Purchaser shall entitle the Seller without prejudice to its other rights hereunder:

6.7.1 to withhold any deliveries to be made under this Contract until arrangements as to payment have been established to the satisfaction of the Seller; 6.8 The expenses that the Seller shall be entitled to reclaim from the Purchaser shall include all reasonable costs incurred by the Seller (whether by way of storage, insurance or (otherwise) in respect of the Goods and it is expressly declared that it shall be reasonable for the Seller to effect insurance in respect of the Goods notwithstanding that the risk therein has passed to the Purchaser.

6.7.2 If the order has been confirmed and then cancelled the seller reserves the right to charge the purchaser for any time spent on a project even if not orders have been placed at a standard rate of £750 per day for an interior designer or £850 for a senior interior designer. 

7. Title Risk and Property Reservation

7.1 Until the Goods have been paid for in full to the Seller (including and VAT or any other applicable taxes) and there are no other sums whatever due from the Purchaser to the Seller:

7.1.1 The legal title in the Goods shall not pass to the Purchaser;

7.1.2 The Purchaser shall keep the Goods insured to their full value and the Seller's interest noted thereon and the Purchaser shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property;

7.1.3 lf the Purchaser is in breach of any of the terms of the Contract, including but not limited to non-payment of monies due to the Seller, and title has not passed, the Seller shall have the right upon giving not less than 48 hours’ notice in writing to enter the premises of the Purchaser and remove the Goods. The Seller shall not be responsible for any damages caused thereto except such damage caused by the negligence of its servants or agents;

7.1.4 The Purchaser hereby grants to the Seller a licence to enter on to the land and premises of the Purchaser where the Goods are situated for the purposes of removing them in accordance with this Condition.

7.2 From delivery, the Goods shall, notwithstanding that the legal title may have remained with the Seller, be at the sole risk of the Purchaser.

7.3 Where property in the Goods has not passed the Seller may nevertheless maintain an action against the Purchaser for the purchase price and all other monies owing to the Seller by the Purchaser notwithstanding Section 49 of the Sale of Goods Act 1979.

8. Intellectual Property

8.1 The copyright in all drawings, data, literature photographs, illustrations, specifications, performance data, dimensions, weights, and the like shall remain the property of the Seller and (except marked as or otherwise indicated) be confidential and such drawings, data literature photographs, illustrations performance data and specifications together with the Seller's manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Purchaser of the Goods in relation to which they were supplied.

8.2 The Purchaser shall not alter or deface any of the Seller's registered trademarks as marked on the Goods while the goods are so marked or apply to them such other trade mark or written matter which is likely to injure the reputation of the Seller's trade mark.

8.3 The Seller warrants only that the Goods themselves and the delivery or importation thereof will not infringe any patent rights published (at the date of the Contract) in the United Kingdom and the Seller shall indemnify the Purchaser against damage and costs awarded for such infringement provided always that:

8.3.1 this indemnity shall not apply to any infringement which is due to the Seller having followed an instruction, furnished or given by the Purchaser, or to the use of such material, in a manner or for purpose, or in a foreign country not specified or disclosed to the Seller, or in combination with any other materials or process;

8.3.2 this indemnity is conditional, on the Purchaser giving to the Seller the earliest possible notice in writing of any claim being made or action threatened against the Purchaser, and on the Purchaser permitting the Seller, at the latter’s expense, to conduct any litigation that may ensue and all negotiations for a settlement of the claim.

8.4 There is no licence implied or granted, to manufacture, produce or sell or otherwise the Goods in a manner which may infringe any patent rights owned by the Seller and others.

8.5 The Purchaser warrants that any instructions furnished or given by the Purchaser shall not be such as will cause the Seller to infringe any patent, copyright, utility model, registered design, right of confidence, or trade mark in execution of the Purchaser's order.

 

9. Drawings

9.1 Unless otherwise agreed in writing, all patterns, drawings, specifications, tools and other things produced by the Seller shall be and remain the property of the Seller, and if the Purchaser should have possession of any such items, it shall, upon the request from the Seller, return them to the Seller forthwith. The Purchaser may not utilise, reproduce or communicate knowledge or information of a confidential nature in respect of such items without the prior written consent of the Seller. 

9.2 All patterns, drawings, photographs, illustrations, specifications, performance data, dimensions and the like, whether contained in the Contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the Goods and shall not be taken to be a representation made by the Seller and are not warranted to be accurate.

9.3 Should the Purchaser wish to purchase any made to measure items specified on the drawings accurate measurements must be taken by the seller or the Sellers Contractor. All measurements should be checked. 

10. Sub- Contracting

The Seller is entitled at any time to sub-contract the Contract or any part thereof to any person, firm or company as it sees fit. If you have signed to say that you are happy for us to use your images online and Harp have used a sub contractor to deliver design work, the sub contractor will be given permission to use images unless the client asks us not to. 

11. Outside Work

Where the Seller undertakes work or provides labour at the Purchaser's premises or other premises, the Purchaser shall indemnify the Seller against all loss expense and damage incurred by the Seller and against all claims by third parties (including the Seller's employees) arising directly or indirectly from defects in or unsuitability of the works or site or apparatus or plant (other than apparatus or plant supplied by the Seller) or from negligence or breach of statutory duty on the part of the Seller, its employees or any third party (other than the Seller's own employees ) and howsoever arising.

12. Installation and Testing

12.1 Where the Seller undertakes the installation and/or testing of any Goods the Purchaser shall at its own expense provide such layout and other drawings and information and such power, compressed air, water and other facilities as the Seller may require and charges and costs in connection with such provision shall be borne by the Purchaser.

12.2 The Purchaser at its own expense shall observe and comply in all respects with the provisions and requirements of any and every enactment (which expression includes every Act of Parliament already herein passed and every Order regulation by-law already and hereafter made) and third party rights so far as the same relate to or affect the Goods to be installed/services to be provided (including building control regulations planning permissions fire regulations floor loadings certification of electrical standards and requirements of the Health and Safety Act and the Factory Acts) and shall indemnify the Seller at all times against all costs charges and expenses of or incidental to the execution of any Works or the provisions or maintenance of any arrangements which may be directed or required.

12.3 The Seller's prices for installation and erection are based on free and continuous access to the site with hard standing cranage and transport adjacent to the erection position. Should delays occur beyond the control of the Seller such extra costs and expenses as may be incurred due to such delays shall be borne by the Purchaser.

12.4 Any Building regulations that need to be adhered to must be communicated to the Seller at the point of order, if building regulations need to be met and they are not supplied at the point of sale Harp Design cannot take responsibility for any rectification of works carried out that do not comply to the specified building regulations. 

13. Warranties

13.1 The Seller offers no warranty in respect of goods, materials or services of its suppliers or sub-contractors but will (where appropriate and practical so to do) assist the Purchaser to obtain the benefits of such warranties and other related rights as are available to first users of manufactured goods factored by the Seller but not of the Seller's manufacture.

13.2 The Seller warrants the Goods of its own manufacture and its own services (but not goods or services of its suppliers or sub-contractor's or any other third parties) to be free under normal conditions and proper use from defects in workmanship but the Seller's entire liability under this warranty (which does not extend to consequential loss however arising) is at the Seller's option to repair or replace free of charge any parts of Goods or to re-execute free of charge any of the Seller's services which are found by the Seller's inspection (for which the Purchaser shall provide full and prompt facilities) to have been defective in workmanship. This warranty is subject to the following limitations:

13.2.1 The Seller shall be under no obligation to make good fair wear and tear or to make good faults or damage arising from inappropriate use, storage or treatment or exposure to corrosive materials; 13.2.2 The benefit of this warranty is personal to the Purchaser;

13.2.3 The warranty period is 26 weeks and all claims must be notified to the Seller within 26 weeks (or such other warranty period expressly accepted in writing by the Seller in relation to the Goods) of delivery or (in the case of services) practical completion and within 30 days of the grounds for the claim becoming apparent or discoverable on reasonable examination and all claims not so notified shall be deemed to have been waived.

14. Limitation of Liability

14.1 The Seller shall not be liable for any costs, claims, damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty by itself or its employees, suppliers, sub-contractors, agents or otherwise, calculated by reference to profits, income, production or accruals or loss of profits or loss of such profits, income, production or accrual of such costs, claims damages or expenses on a time basis.

14. 2 In addition to the overriding limitation of liability the Sellers liability in respect of the Contract shall be strictly limited to the provisions of these Conditions and all other provisions, representations, conditions, warranties, and guarantees (except so far as they are specifically given in this Contract) and whether express or implied by common law statute trade custom, or otherwise are hereby expressly excluded to the extent and in so far as such exclusion is permitted by law.

14.3 The Seller's aggregate liability to the Purchaser whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered Goods or services provided which give rise to such liability (as determined by net price invoiced to the Purchaser) in respect of any occurrence or series of occurrences.

15. Force Majeure

The Seller shall not be liable for any loss or damage caused by the delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Seller's control, including but not limited to an Act of God, war, civil disturbance, terrorism, requisition, government or parliamentary restrictions, prohibitions or enactment of any kind, import or export regulations, strikes, lock-outs or trade dispute (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, breakdown of machinery, fire or accident. Should any such event occur the Seller may cancel or suspend the Contract without incurring any liability for any loss or damage thereby occasioned.

16. Termination

16.1 Without prejudice to any other rights the Seller may have, the Seller shall be entitled, on given written notice to the Purchaser, to determine this Contract forthwith and to demand immediate payment of any amount due or accruing due to the Seller hereunder and to retain any deposit if:-

16.1.1 The Purchaser, not being a body or corporate, becomes bankrupt or compounds or makes any arrangements with his creditors or commits any act of bankruptcy;

16.1.2 The Purchaser, being a body or corporate, goes into liquidation, whether compulsory or voluntary (save for the purposes of amalgamation or re-construction) or has a Receiver appointed over it’s undertaking or assets or any part thereof;

16.1.3 The Purchaser commits any breach of Condition 6 hereof or any of it’s other obligations hereunder and after reasonable notice by the Seller fails to remedy such breach.

17. Miscellaneous

17.1 If any of these Conditions or part of these Conditions is rendered void by any mandatory rule of law, it shall be void to that extent and no further. If any of these Conditions or any part of these Conditions is rendered unenforceable by any mandatory rule of law it shall be unenforceable to the extent that it is not fair or reasonable to allow reliance on such a Condition or part thereof but no further.

17.2 In the event of any inconsistency between the provisions of the Specification, any Special Conditions and these Conditions then the Specification shall take precedence. 

17.3 If the Purchaser wishes to contest an invoice after it is paid they must do so in writing up to 60 days after the invoice is raised. 

18. Non Performance by The Purchaser - The Seller reserves the right to cancel and/or delay performance of any contract for Goods or services in the event of material or persistent non performance by the Purchaser in relation to any contract between the Purchaser and the Seller.

19. Assignment

None of the rights or obligations of the Purchaser under these Conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.

20. Health And Safety

The Purchaser agrees to pay due regard to any information supplied by the Seller and relating to the use for which the Goods are designed to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work, and the Purchaser undertakes to take such steps as may be specified by the above information to ensure that as far as reasonably practicable the Goods will be safe and without risks to health at all times as are mentioned above.

21. Lien

The Seller shall be entitled to a general lien on all Goods and property owned by the Purchaser in the Seller's possession (although the Purchaser may have paid for the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any Goods sold and delivered or services provided to the Purchaser under any contract. The Seller shall be entitled to offset any sum or sums owing to it from the Purchaser against any sums owed by the Purchaser to the Seller.

22. Notices

Any notices given under this Contract shall be in writing (which shall include email) and be sent to the address specified of the party to whom it is sent and shall be deemed to have been received 72 hours after it had been sent.

23. Waiver Failure by the Seller to insist upon strict performance of these Conditions shall not be deemed a waiver of any of its rights or remedies nor be deemed a waiver of any subsequent default hereof.

24. Law Shall in all respects be governed and construed in accordance with English Law and shall have been deemed to have been made in England and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.

25. Planning Application

Should the Purchaser ask the Seller to apply for planning permission as the agent.

All planning applications will be processed in good faith, Should the Seller apply for planning permission on The Purchaser's behalf this does not guarantee that the permission will be granted. If planning permission is sought on behalf of The Purchaser by the Seller and then work is carried out on any item applied for that is not yet granted the Purchaser takes on this responsibility and any alterations The Purchaser asks the Seller to carry out without planning application granted will be the responsibility of the Purchaser. 

26. Made to Measure Items

Once payment is received you are agreeing to these terms and conditions. For any manufactured items or large orders we will ask you to sign an acceptance document. If you send us a purchase order you are agreeing to these terms and conditions. 

Harp Design works with a variety of Manufacturers that fit items made to measure and made to order, should you order any product which is made to order or made to measure you agree with the following terms: Once you have paid a deposit, sent an official order or signed a proforma, you are agreeing to the terms and conditions on this page, you are legally obliged to complete the order that you have been quoted for. Should you wish to cancel your order once you have agreed to it Harp Design reserves the right to claim back any costs occurred in making, measuring for and fitting an item you have agreed to purchase. If we deliver goods that you simply do not want, if it has been made to your specification you are still obliged to pay in full. If the product is faulty we are obliged and have the right to fix it to your satisfaction. Should you wish to cancel your order after paying a deposit it is at the discretion of Harp Design finance team how much of your deposit to return to you, please note: this may include the full deposit. If we have measured your premises in order to make bench seating we guarantee that the seating will fit on the basis that you have not changed the interior since the measure. If you have measured for the seating we guarantee that the bench will be made to your sizes, should you want us to fit this seating and the measurements are incorrect we reserve the right to charge you for any adjustments that need to be made. If you ask us to fit table tops to your own bases we do not accept liability for the longevity of this fixing. If you have asked us to fit bench seating to a floor or wall Harp Design do not accept any responsibility for any damaged amenities that may be behind any walls or floors that you have asked us to fit to and not informed us of in writing.  Please make sure you have checked this before you ask us to fit. 

27. Our Promise to you

Your business is our business; we really care and we work together with our customers to deliver what you want, in the time you need it. We supply excellent quality products at very good prices and work hard to stay competitive. Call us today to find out how good we are 0208 168 0938. 

28. Delivery General

We aim to deliver to you as quickly and as efficiently as possible. Our standard delivery will be carried out by one driver, you may be asked to assist with the delivery of the furniture should the item ordered be too big for one person to carry. If you do not wish to do this please ask about our two man delivery service which we are more than happy to offer at an extra cost. There are some cases (Deliveries needed by the customer quickly or outside our delivery area) that we will deliver to you using trusted courier or carrier services. When you receive a delivery from a courier service you may receive a pallet that is securely wrapped by hand. This pallet is wrapped to ensure no damage occurs during transport. The delivery driver may help with unwrapping if he/she has time but we cannot guarantee this service. The pallet that the goods are delivered on will not fit through a standard door and is a kerbside service. Please bear this in mind if we are delivering on a pallet. We will attempt to contact you before any delivery is made, to arrange delivery. Harp Design will only send goods without being able to contact you if we know there is a deadline for delivery that must be met. If you have asked for a deadline delivery we reserve the right to arrange delivery in these circumstances if we are unable to contact you, should you be unable to accept this delivery charges will incur. If you accept a delivery or fitting service and there is nobody available to take delivery we reserve the right to charge you for this. If you need furniture for your business please make sure you order your furniture in plenty of time to do this. Although Harp Design will do their best to deliver in the customers timescale Harp Design will not be held responsible for any loss of earnings if a delivery is not delivered in the timescale required by the customer, this will only be the case in unforeseen circumstances.

 

29. Furniture Collection Service

We offer a collection service to save you the hassle of having to arrange getting rid of your old furniture and tying this in with a delivery of new furniture. If you wish us to collect your old furniture from you when we deliver this is not a problem but there are a few exceptions to the Free part. We can only collect if you are receiving a delivery in our van, our vehicles do not cover the whole of the UK and if you are having a delivery by courier, a collection service is chargeable. It is also very difficult for us to collect your furniture if you are in the middle of a city, e.g. Central London, therefore this service may be chargeable if you are in this type of area. We also do not collect furniture where the majority is so broken that it cannot be sat on e.g. lots of chairs with three legs, unless thit is one chair out of 20 which we don't mind. To carry out a collection service it may mean that we have to place your delivery on a service that is slower than our usual service. Please speak to a member of our team to see if you are eligible for free collection and how long it would take.

 

 

30. Project Management

30.1 If the Purchaser asks Harp Design to take on a project, Harp Design may carry out some extra design work for the Purchaser. If the Purchaser decides part the way through of this design process before the project has commenced to use an alternative contractor to carry out the works, Harp Design will charge the Purchaser for the design work which if the Purchaser were to continue to give Harp Design the project would have been free of charge.

30.2 If the client commissions Harp Design to Project manage, the fee charged will vary depending on the size of the project and is usually based on a %, if you ask Harp Design to fix the fee based on a projected budget and if this budget changes by more than 10% this fee will be increased to reflect the size of the project.

30.3 If Harp Design collects quotes, a minimum fee of 5% will be charged, is this is not agreed with the client prior to the work commencing it can be charged as an administration fee and can be added to the quotes from the suppliers.

30.4. If the Purchaser commences project management works with Harp Design and part the way through terminates the agreed quote, Harp Design will charge the Purchaser for any works carried out at a fee of £750 per day for 8 hours including travel and expenses.

31. Notice and Take-Down Policy

In making material available online Harp Design Ltd acts in good faith. However, despite these safeguards, we recognize that from time to time material published online maybe in breach of copyright laws, contain sensitive personal data, or include content that may be regarded as obscene or defamatory.  If you are concerned that you have found material on our website, for which you have not given permission, contravenes privacy laws, is obscene / defamatory and in terms of copyright law is not covered by a limitation or exception, please contact us in writing stating the following:

1. Your contact details.

2. The full details of the material.

3. The exact and full URL where you found the material.

4. If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.

5. The reason for your request including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc.

Contact Details:

Notice and Takedown
Harp Design Ltd

Unit 20-22 Broomfield House

Lanswoodpark

Broomfield Road

Elmstead Market

Essex

CO7 7FD

Upon receipt of notification the ‘Notice and Takedown’ procedure is then invoked as follows:

1. Harp Design Ltd will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.

2. Upon receipt of a valid complaint the material will be temporarily removed from the Harp Design Ltd website pending an agreed solution.

3. Harp Design Ltd will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds, and will be encouraged to assuage the complaints concerned.

4. The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

·         The material is replaced on the Harp Design Ltd website unchanged.

·         The material is replaced on the Harp Design Ltd website with changes.

·         The material is permanently removed from the website.

5. If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through Harp Design Ltd until a time when a resolution has been reached.

32. Privacy Policy and GDPR Compliance

​ We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications), comments, feedback, product reviews, recommendations, and personal profile.

​When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide and operate the Services;

  2. To provide our Users with ongoing customer assistance and technical support;

  3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  5. To comply with any applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

If you don’t want us to process your data anymore, please contact us at enquiries@harpdesign.co.uk or call us on 0208 168 0938

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at enquiries@harpdesign.co.uk or send us mail to: Harp Design Limited, Lanswoodpark, Broomfield Road, Elmstead Market, Colchester, Essex, CO7 7FD.

​Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Harp Design Ltd. The use of the Internet pages of the Harp Design Ltd is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Harp Design Ltd. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Harp Design Ltd has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Harp Design Ltd is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c)    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e)    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f)     Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h)    Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i)      Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k)    Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Harp Design Ltd

Unit 20-22 Broomfield House, Elmstead Market, Colchester, Essex

CO7 7FD Colchester

United Kingdon

Phone: 0208 168 0938

Email: hayley.roy@harpinteriors.co.uk

Website: www.harpinteriors.co.uk

3. Cookies

The Internet pages of the Harp Design Ltd use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Harp Design Ltd can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the Harp Design Ltd collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Harp Design Ltd does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Harp Design Ltd analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Subscription to our newsletters

On the website of the Harp Design Ltd, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The Harp Design Ltd informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

7. Newsletter-Tracking

The newsletter of the Harp Design Ltd contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Harp Design Ltd may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Harp Design Ltd automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The website of the Harp Design Ltd contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

9. Comments function in the blog on the website

The Harp Design Ltd offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defence of the data controller.

10. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

11. Rights of the data subject

  • a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;

  • the categories of personal data concerned;

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

  • the existence of the right to lodge a complaint with a supervisory authority;

  • where the personal data are not collected from the data subject, any available information as to their source;

  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

  • The personal data have been unlawfully processed.

  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Harp Design Ltd, he or she may, at any time, contact any employee of the controller. An employee of Harp Design Ltd shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Harp Design Ltd will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Harp Design Ltd, he or she may at any time contact any employee of the controller. The employee of the Harp Design Ltd will arrange the restriction of the processing.

  • f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the Harp Design Ltd.

  • g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The Harp Design Ltd shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the Harp Design Ltd processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Harp Design Ltd to the processing for direct marketing purposes, the Harp Design Ltd will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Harp Design Ltd for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the Harp Design Ltd. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Harp Design Ltd shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Harp Design Ltd.

  • i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Harp Design Ltd.

12. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

13. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

14. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

15. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

17. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

18. Principal Designer, CDM and the Building Safety Act

18.1 Unless the quotation you have accepted specifies that the client has been quoted to be Principal Designer then this role is not included in the quotation. By law, for commercial projects, any project with one contractor or more has to have a Principal Designer appointed, Please see HSE Guidance for clients for further information. If Harp are not appointed to carry out this role they are not able to take responsibility for the design being compliant with the Health and Safety and Building Control Law.

18.2 If Harp Design takes on the Principal Designer Role they will liaise with Building Control officers that may incur extra charges to the client.

18.3. If Harp Design takes on the Principal Designer Role they will ensure that the project complies to the CDM Regulations.

18.4. If the client appoints Harp Design to carry out the Principal Designer Role they understand that they have a responsibility to comply with the law and cooperate with their designer or project manager to assist them to ensure that all aspects of the project are compliant.

18.5. If Harp Design take on the Principal Designer Role they agree to do everything in their power to ensure that the project complies with the Building Safety Act.

18.6. If Harp Design take on the Principal Designer Role they will work with the contractor appointed to ensure that all persons involved with the project comply with the CDM laws and the Building Safety Act, however Harp Design do not take on the responsibility of supervising all staff at all times to ensure compliance, this responsibility sits with the contractors hired.

Further reference for CDM regulations is here: https://www.hse.gov.uk/construction/cdm/2015/index.htm

Further reference for the Building Safety Act changes in 2024 is here: https://assets.publishing.service.gov.uk/media/65bb9459cc6fd6000d5dbe4f/Building_Circular_Letter_-_Changes_to_the_building_control_process_update_January_2024.pdf  

 

Please note that these terms are updated regularly, for an up to the minute look at our current terms please click the below link:

https://www.harpcommercialinteriors.co.uk/terms-and-conditions

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