Privacy, Terms, Cookies & Disclaimer
1. About Us
2. Use of the Website
3. Supply of Products
6. Our Cookies
These are the terms and conditions under which you ("you") may use our ("we/us/our") website (the "Website") and purchase products ("Products") from us.
1. ABOUT US
|Company Name||Wacoal EMEA Limited|
|Place of Registration||England and Wales|
|Address||The Corsetry Factory, Rothwell Road, Desborough, Northants, NN14 2PG|
2. USE OF THE WEBSITE
2.2.1 All material accessible on this Website is protected by copyright. You may view Website pages on screen and may print or download extracts of them for your own personal use or for use by others within your organisation.
2.2.2 You may supply a copy of any such extract to any third party provided that:
(a) the extract is for their own personal use;
(b) the extract is not supplied as part of or incorporated in another work, website or publication;
(c) the extract is not supplied either directly or indirectly in return for commercial gain; and
(d) the third party is made aware that the source of the copy is this Website and that these terms and conditions apply equally to them.
2.2.3 No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
2.3 Availability of the Website
We will use our reasonable endeavours to provide you with a prompt and continuing service. We do not, however, warrant that the service it provides will continue uninterrupted or without delay or that it will remain unchanged. In particular we reserve the right to bring the Website down as and when necessary for the purposes of maintenance.
2.4 Content of the Website
2.4.1 Whilst we will use our reasonable endeavours to ensure that the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
2.4.2 The Website contains hypertext links to a number of websites owned, operated and controlled by third parties. We have no control over or proprietary interest in any of these websites and, as such, make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising from use of the same.
2.4.3 The Website contains content and services ("Third Party Services") owned, operated, controlled or provided by third party service providers ("TSPs") and not by us. Where appropriate the provision of any Third Party Services to you by any TSP shall be on the terms and conditions of the relevant TSP. It is your responsibility to make yourself aware of such terms and conditions. We exclude any and all liability arising from the provision of any Third Party Services to you by any TSP and your only remedy for failure to provide such Third Party Services is against the relevant TSP.
2.5 Usernames and Passwords
2.5.1 If you set up an account with us to access and use the Website and the services that it offers (an “Account”), we may specify or ask you to specify a user name or password to access and use your Account.
2.5.2 You will be responsible for any use of your Account (whether or not by you), for logging out of your Account after you have finished using it and for keeping your usernames and passwords confidential.
2.5.3 To change your username and/or password follow the instructions in your Account or email us at the address set out above. If you forget your username and/or password, you may email us at the address set out above and we will email your username and password to the email address specified in your Account.
2.5.4 We reserve the right to close or suspend your Account without notice if you are in breach of these terms or if you have not accessed your Account for a period of 12 months. We also reserve the right to close or suspend your Account at any time for any other reason, but will use reasonable endeavours to notify you as soon as reasonably possible before doing so.
While every effort is made to ensure that any enquiry you submit is dealt with promptly, we cannot guarantee that your query will always be dealt with within the timescale you require. If your enquiry is submitted to a TSP then we will not necessarily read or see your enquiry. We cannot guarantee complete confidentiality and recommend that you do not include sensitive information, or information which could be classed as a trade secret, via the internet.
3. SUPPLY OF PRODUCTS
3.1 Ordering products
3.1.1 To place your order follow the steps set out on the Website.
3.1.2 The appearance of the products on our website is an invitation to you to make an offer to purchase them by placing an order with us. We have the right to refuse any orders and no contract will subsist between you and us unless and until we accept your order.
3.1.3 When you place an order on our website, we will send you an automated email to confirm that your order has been received. This is not our acceptance of your order. Our acceptance of an order takes place when we send you an email to confirm that your order has been despatched for delivery.
3.1.4 The products on our website are subject to availability. If we acknowledge your order via the automated email as referred to above for any products (“Products”) but do not accept your order we may notify you of this. We will not charge you for those Products and any payment that we have received will be refunded to you. We will not be responsible for compensating you for any other losses which you may suffer if we do not accept your order and we shall have no further responsibilities to you.
3.2 Price of the products and payment
3.2.1 The prices for the Products and any delivery charges are as set out on our Website and are stated in UK Pounds Sterling. These prices include applicable sales tax and duty.
3.2.2 Whilst we try to ensure that these prices are accurate, mistakes may sometimes occur. If we discover a mistake in the price of the Products we will send you an email as soon as is reasonably possible and advise that your order has been cancelled. If the order is cancelled we will not charge you for those Products and will refund any money already paid for them, and we shall have no further responsibilities in respect of your order.
3.2.3 Any promotional codes/discounts must be entered before the order has been placed. We are unfortunately unable to apply discounts after the order has been received.
3.2.4 The cost of any order must be paid by you when the order is placed by a credit or debit card acceptable to us.
a) Elomi and your personal information
The protection of your personal information is important to us. We respect your privacy and want you to understand what we do with the information we hold about you. This privacy notice applies to personal information we hold about individuals, sole traders and partnerships. It does not apply to information held about companies and other organisations.
This privacy notice explains how we collect, share and use personal information.
b) Personal information we collect
We may collect the following types of personal information from you:
Contact details: information that allows us to contact you directly such as your name, email address, telephone number and addresses associated with your account.
Security details: such as your password and other security-related information used to access your account.
Order history: records of the products you purchase.
Size details: records of your preferred sizing for our products.
Payment information: credit/debit card details and bank account details you provide to make payment for the products and services you purchase from us. We do not store this information but we pass it to our payment provider who may store this information.
Delivery information: information relating to the delivery of our products to you.
Responses to surveys, competitions and promotions: we keep records of any surveys you respond to or your entry into any competition or promotion we run.
Records of your discussions with our customer support teams: when you share comments and opinions with us, ask us questions or make a complaint we will keep a record of this. This includes when you send us emails, phone our support team or contact us through social media such as through Twitter or on Facebook.
How you use our website: when you use the Elomi website we collect information about the pages you look at and how you use them.
Location information: your computer's IP address may tell us an approximate location when you connect to our websites but this will be no more precise than the city, state or country you are using your device in.
You are not required to provide any of the personal information described above to us, however, if you do not do so, you may not be able to purchase our products.
If any of the information you provide is inaccurate or incomplete this may void or reduce any claims made under any contract we have with you for the supply of our products.
c) What we use your personal information for
|Purpose||Personal information used||Lawful basis|
|Process your orders and maintain your account||All the personal information we collect||This is necessary to fulfil our contract with you.|
|Take payment for our products||Transaction and payment information||This is necessary to fulfil our contract with you.|
|Deliver products to you||Delivery information||This is necessary to fulfil our contract with you.|
|Answer your queries or complaints||All the personal information we collect||We have a legitimate interest to improve the products and services we provide.|
|Manage your entry into our competitions||Information you provide when entering the competition and your account details||This is undertaken pursuant to your consent and we have a legitimate interest to undertake any marketing that you agreed to as part of accepting the competition rules.|
|Maintain and improve our products and services||All the personal information we collect||We have a legitimate interest to improve the products and services we provide.|
|Data analytics and statistical research to help us improve our online services.||- How you use our website
- Transaction information
- Records of your discussions with our customer support teams
- Claims history
|We have a legitimate interest to improve the products and services we provide.|
|Staff training||All the personal information we collect||We have a legitimate interest to improve the products and services we provide.|
|Develop new products and services||All the personal information we collect||We have a legitimate interest to improve the products and services we provide.|
|Perform credit checks||- Contact details
- Payment information
|We have a legitimate interest in checking that you have the ability to pay for the products and services we provide.|
|Determine products and services that may be of interest to you||All personal information we collect (but not your payment information)||We have a legitimate interest to improve the products and services we provide.|
|Direct marketing||- Contact details
- Products and services that we have determined may be of interest to you
|We will ask for your consent to process your data for this purpose, you may revoke your consent at any point. If you revoke your consent we will keep a record of this so that we know not to issue direct marketing to you.|
|Investigating misuse of your account, fraud and debt collection||All the personal information we collect||We have a legitimate interest to detect crime and to collect debts.|
We may anonymise and aggregate any of the personal information we hold (so that it does not directly identify you). We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and services.
d) Sources we collect your personal information from
We will collect personal information from a number of sources. These include the following:
Directly from you: when you create, manage or amend your account with us, purchase products from us, complete forms we provide to you, enter our competitions and promotions, make a claim, make a complaint, contact us by phone, email or communicate with us directly in some other way.
Our website: provides us with information about how you use it and the devices in your home that you connect to them.
Our payment provider: will provide details as to whether your payment has been accepted.
e) Who we share your personal information with
We share personal information with the following parties:
Companies in the same group of companies as us: for the purpose of providing a service to you.
Delivery companies: to deliver products that you have ordered from us.
Payment providers: to take payment for our products.
Data analytics suppliers: to better understand how people use our websites.
Credit reference agencies: so that we can assess your creditworthiness and to verify your identity.
Other service providers and advisors: such as companies that support our IT, help us analyse the data we hold, process payments, send communications to our customers, provide us with legal or financial advice and generally help us deliver our products and services to you.
Purchasers of our business: buyers or perspective buyers who we sell or negotiate to sell our business to.
The Government or our regulators: where we are required to do so by law or to assist with their investigations.
Police and law enforcement: to assist with the investigation and prevention of crime.
In addition, we use the services of third party companies to help us carry out and measure the effectiveness of our advertising campaigns. For example, these third parties may ensure that you are shown ads at appropriate frequencies, so that you do not see the same ad repeatedly. As part of these services, one or more "action tags" may be placed on our site. These action tags do not enable these third parties to collect your name, e-mail address, phone number or other similar information that directly identifies you. Rather, when you visit our site, these action tags will direct your web browser to contact these third parties, at which time they may set or read a cookie on your device and collect information about your visit - such as your IP address, cookie ID, which parts of the site are viewed or clicked, and date/time information. Currently, the third party companies that may use action tags to enable their collection of information about visitors to our site include DoubleClick by Google (https://marketingplatform.google.com/intl/en_uk/about/).
These companies also may use this information, combined with information they may collect at other websites, to show you ads that are targeted to your interests. You may be able to opt-out of behavioural targeting from Google by clicking on the following link: https://support.google.com/ads/answer/2662922?hl=en-GB. Many of these companies are also members of the Network Advertising Initiative (NAI), which offers the ability to opt out from online behavioural advertising by any or all member companies on a single page at http://www.networkadvertising.org/managing/opt_out.asp. Opting out of a network does not mean that you will no longer receive online advertising or that the network will stop collecting information about your visit to the sites. It does mean that the network from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.
We also use Google Analytics which sets cookies to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Our site also includes Facebook Pixel which is a piece of code that reports an action, for example purchasing a product. This enables us to understand visitors’ behaviour on our site after they have seen a Facebook ad and use this to optimise our ads moving forwards. You can opt out of Facebook Ads by accessing your account settings in Facebook.
We do not disclose personal information to anyone else except as set out above. We may provide third parties with aggregate statistical information and analytics about users of our products and services but we will make sure no one can be identified from this information before we disclose it.
f) Direct Marketing
Email, post and SMS marketing: from time to time, we may contact you by email, post or SMS with information about products we believe you may be interested in.
We will only send marketing messages to you in accordance with the marketing preferences you set when you create your account or that you tell us afterwards you are happy to receive.
You can then let us know at any time that you do not wish to receive marketing messages by sending an email to us at email@example.com. You can also unsubscribe from our marketing by clicking on the unsubscribe link in the marketing messages we send to you or within the My Account area of the site, if you have an account with us.
g) Transferring your personal information internationally
h) How long do we keep personal information for
We will keep your personal information for as long as is reasonably required for the purpose for which it was obtained and thereafter for as long as we have an interest in retaining it (provided that this is justified under privacy law.
Our website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.
i) Your rights in relation to your personal information
You have the following rights in relation to your personal information: (i) the right to be informed about how your personal information is being used; (ii) the right to access the personal information we hold about you; (iii) the right to opt-out of receiving direct marketing messages; (iv) the right to request the correction of inaccurate personal information we hold about you; (v) the right to request the blocking or deletion of your personal information where the processing does not comply with applicable data protection laws and; (vi) the right to request that we port elements of your data either to you or another service provider.
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below".
If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. However, we are here to help and would like to encourage you to contact us directly first so that we can resolve your complaint. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/your-data-matters/.
k) Changes to this notice
We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this section. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.
l) Contacting us
In the event of any query or complaint in connection with the information we hold about you, please email firstname.lastname@example.org or write to us at: Elomi Lingerie, Wacoal Europe, The Corsetry Factory, Rothwell Road, Desborough, Northants, NN14 2PG
Version dated July 2019.
We are working towards complying with Priority 2 of the W3C Web Content Accessibility Guidelines. We are continually making improvements to meet these guidelines, and our website has been designed with the following accessibility guidelines in mind:
• Our pages are designed so that they can be viewed at a screen resolution from 320px up to 4k.
• Page structure is conveyed using header elements.
• Text can be increased or decreased in size by using the "view" option in your browser.
• Images that convey important information have alternative text. Where an image is used for a decorative purpose the alternative text will be left blank.
• No information is exclusively conveyed using colour.
• A site map is available to provide information about the layout of the website.
Downloading PDF documents
To read PDF documents with a screen reader please link to the Access Adobe [http website which provides useful tools and resources. Adobe also has a free online conversion tool for pdfs Browser compatibility.
The standard support browser versions are: Microsoft Edge, IE 11 and the latest stable versions of Chrome, Firefox and Safari
• To learn more about web accessibility visit the RNIB Web Access Centre
• To obtain a copy of the screen reader JAWS
6. OUR COOKIES
What is a cookie?
A cookie is a small text file that is stored on your computer when you visit a website. Cookies don’t usually contain any personal information and are mostly useful to you. Generally, they are used to improve your experience and inform marketers of your journey, so that in turn they can make improvements to the website.
There are four main types of cookies;
Essential cookies are needed for our website to operate properly. For instance, they ensure that as you move around the website vital features, like keeping you logged in and updating your shopping basket, work. These cookies don’t gather any information that could be used for marketing purposes or remembering where you have been on the internet.
Analytical cookies allow us measure and analyse how our customers use our site so that we can work to improve our shopping experience and functionality.
Functional cookies are used for remembering your shopping preferences like language and how many search results you like to view on a page. They are used to give you a consistent and seamless shopping experience.
Advertising cookies enable us to collect information about how you use our website, like which pages you view and if there are any errors. These cookies are used to understand what interests our users, and measure how effective our advertising is. This information may be shared with third parties to track the effectiveness of our campaigns.
We don't store your personal information in our cookies, but personal information that we store about you may be linked to the information stored in, or from, cookies.
The cookies we use on our site are;
- First Party Session ID
Stores information which enables core functionality of the site to work eg adding items to bag & recently viewed items
- Google analytics
Captures information about how our customers interact with our website, which we use to improve our shopping experience and marketing campaigns
This enables us to report on site performance including if error pages are served and page load speeds. We use this information to then drive improvements in our website experience for our customers.
- First Party
We use customers’ IP location (only at a country level) & browser settings to help us direct them to our most relevant country site and language and we then store those preferences in a cookie so that we serve the preferred site & language on subsequent visits. We also hold other browsing preferences like number of search results on a page.
Allows our customers to view videos without leaving our website
Wufoo allows us to create forms that customers can complete for example, competition entry forms. Cookies set by Wufoo allow information to be submitted via the Wufoo forms service.
- Google Maps API
We use Google maps in our website to illustrate where our stockists are located.
- DoubleClick by Google
A tool used to perform paid search marketing and give insight into customer behaviour so we can further optimise our campaigns
- Pinterest, Facebook & Twitter
Analytics and ad tracking along with the ability to share our products on social media
- Rakuten Linkshare Affiliates
These cookies hold anonymous transaction data for customers who have come to our site from a Rakuten affiliate link so that we can manage our affiliate commission-based marketing program
Some cookies are essential in order to use our website and so if you do disable cookies our website may not operate properly and you may not be able to make a purchase.
You can enable, disable and delete cookies through your browser. To find out more about how you can manage cookies on your browser visit http://www.aboutcookies.org.uk/managing-cookies
The Network Advertising Initiative (NAI) also offers the ability to opt out from online behavioural advertising by any or all member companies on a single page at http://www.networkadvertising.org/managing/opt_out.asp.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
Please note that we’re not responsible for the content of external websites.
Do not track (DNT) is a feature offered by some browsers. If you enable this feature, it will send a signal to websites to request that your browsing isn't tracked, for example by third party advertisers. At the moment, no industry-wide uniform standard has been established and adopted to determine how DNT requests should be managed, so our website doesn’t currently respond to DNT requests.
We are planning to enhance our website to enable users to more easily change their settings for non-essential cookies and please be assured we will continue to review new technologies and any new standards that are adopted.
If you would like further information about cookies you can find this at https://ico.org.uk/your-data-matters/online/cookies/
7.1 We shall not be liable for any third party claims or losses of any nature, including, but not limited to, loss of profits, indirect or consequential loss or loss due to circumstances beyond its reasonable control.
7.2 We may assign, transfer, mortgage, charge, sub-contract, sub-licence or otherwise dispose of the whole or any part of this Agreement without your prior written consent.
7.3 The remedies available to either you or us under these terms shall not limit or exclude any other rights that you or we may have against each other.
7.4 Any failure by us to enforce any of our rights under these terms shall not affect our right to enforce them at a later date.
7.5 If any provision or right under these terms is found to be invalid or unenforceable then the remaining provisions or rights under these terms shall be unaffected as if such invalid or unenforceable part did not exist.
7.6 These terms contains all the terms and conditions between you and us regarding your order. No representation, undertaking, warranties or promise shall be taken to have been given or implied except as set out in these terms or implied by law. These terms do not affect your statutory rights. We reserve the right to change these terms at any time without prior notice to you.
7.7 Nothing in this Agreement shall give any right or benefit to any person who is not a party to it.
7.8 Even though any contract between you and us relating to your order is concluded over the internet, you and we agree that it has been concluded in England in writing. Any such contract is governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts.
8.1 All Campaigns/sales/promotional offers are subject to availability.
8.2 All offers are online only.
9.1 All Campaigns/sales/promotional offers are subject to availability.
9.2 All Sale/outlet items will be clearly marked down on the web & are on selected lines only.
9.3 All offers are online only