Terms of service
TERMS OF SERVICE
To agree to these terms, click "Agree". If you do not agree to these terms, do not click "Agree", and do not use the service.
DEFINITIONS:
In these conditions the following terms shall have the following meaning "The Company" means Pendulum Productions. "Customer" means the customer of the company. "Contract" means any contract for the sale of goods by The Company to the Customer.
PAYMENT:
Payment shall become due upon placement of the order except in the case of mail order. Payment for orders placed by fax or mail shall be included with the printed order form. No goods shall be supplied without payment.
Goods shall be delivered by a carrier of The Company's choosing. Carriage will be at cost to the Customer and forms part of the invoice. We aim to dispatch goods within 5 working days.
Please wait 31 days to report to Pendulum any outstanding orders.
PRE ORDERS:
Any product purchased marked as a 'pre order' will be available for dispatch and distribution at a later date, this date will be written within the product description however will be subject to change. Your credit/debit card will be charged at the point of purchase.
CLAIMS:
Claims arising from damage delay or partial loss of the goods in transit must be made in writing to The Company within seven working days of delivery. The Company shall be afforded reasonable opportunity to investigate any claim made hereunder, and the Customer shall, if so requested in writing or verbally by The Company promptly return any of the goods subject of any claim and any packing materials securely packaged and return them to The Company for examination.
LIABILITY:
- a) If the Customer establishes that any of the goods have not been delivered, or have been delivered damaged, or are not of the correct quantity, The Company shall at its option, replace them with similar goods, or allow the Customer credit for their invoice value.
b) If the Customer establishes that any of the goods are defective The Company shall, at its option replace them with similar goods or allow the Customer credit for their invoice value.
c) In no circumstances shall the liability of The Company to the Customer under this condition exceed the invoice value of the goods.
TAXES AND DUTIES:
Customers must be aware that they may be liable to pay Import Taxes and Duties if value of goods ordered are of a value over their national import thresholds.
RETURNS:
Goods that are faulty or do not fit must be returned to Remedy Fulfilment, 3 Whitworth Rd, Pin Green, Stevenage SG1 4QS within 7 working days of the item being received by the customer.
EXCHANGE POLICY:
Due to inventory and accounting purposes, we do not exchange items received for different items than originally purchased and we also do not process exchanges for another size within the same product (unless it is a packing error from our side).
You can return an item that is unwanted for a refund but bear in mind you will be responsible for the cost of returning the item to us, unless we delivered it to you in error or it is faulty.
SPECIFICATIONS:
The Company reserve the right to alter specifications to those stated in the catalogue including slight differences in colour, shade and size.
The Customer's statutory rights will not be affected.
MAILING LIST:
By registering with the shop, Pendulum may use your e-mail address to send you appropriate news, updates, ticket info etc.
What are your rights?
When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:
- The right to be informed of how your Personal Data is used (through this notice);
- The right to access any personal data held about you;
- The right to withdraw consent at any time, by opting-out using the options present in communications;
- The right to rectify any inaccurate or incomplete personal data held about you;
- The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy;
- The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
- The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.
You can exercise your right to access personal data held about you by logging in to your account on the store where you made your purchase. You can also gain access to your personal data by emailing info@pendulum.com with the subject line: “Subject Access Request”. When you submit a ‘subject access request’, you will need to provide confirmation of your identity by contacting us using the email address associated with your profile or attaching a photocopy of your driver's license or passport. This is provided free of charge and our response will be made within thirty (30) days unless our Data Protection Lead deems your request as being excessive or unfounded. If this is the case, we will inform you of our reasonable administration costs in advance and/or any associated delays, giving you the opportunity to choose whether you would like to pursue your request. If you believe we have made a mistake in evaluating your request, please see the section ‘Who can you complain to?’.
If you have questions about any of the rights mentioned in this section, please contact our Data Protection Lead at info@pendulum.com.
What are the lawful bases for processing personal data?
Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:
‘your consent’;
'performance of a contract';
'compliance with a legal obligation';
'protection of your, or another’s vital interests';
‘public interest/official authority’; and
'our legitimate interests'.
What are Pendulum’s ‘legitimate interests’?
Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact info@pendulum.com.
About our processing of your data
We might collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
Identity Data such as names, usernames or similar; marital status; title; date of birth; sex and gender.
Contact Data such as addresses; email addresses and telephone numbers.
Financial Data such as bank account and payment card information.
Transaction Data such as information about payments and details of purchases you have made.
Cookies We may set and access Pendulum cookies on your computer and uses cookies in connection with Pendulum’s site for your benefit.
Technical Data such as IP addresses; login data; browser info; time zone; location; browser plug-ins; operating systems; platforms and other technology on the device used to access this website.
Profile Data such as usernames; passwords; security answers; purchases/orders; interests; preferences; feedback and responses to surveys, blogs and messages.
Usage Data such as analytics relating to how you use the website.
Marketing and Communications Data such as your preferences about receiving communications from us or third parties.
Special Categories of Data such as details about race or ethnic origins, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic or biometric data.
We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data can be derived from your Personal Data but is not itself Personal Data as it cannot be used to reveal your identity. If Aggregated Data is ever used in combination with your Personal Data and becomes identifiable, it will be treated in accordance with this notice.
What happens if I refuse to give Pendulum my personal data?
If your personal data is used for selling you music, merchandise or tickets, your personal information has, in part, been collected as part of a statutory obligation arising under Companies Act 2006. Failure to process your data could result in us being unable to fulfil your orders.
If your personal data is used for observing your consumer rights, your personal information has been collected as part of a statutory obligation arising under Consumer Rights Act 2015. Failure to process your data could result in our inability to provide you with the remedies you are entitled to.
The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the services we offer. If we are already processing your personal information under a contract, you must end our contractual relationship (as/where permitted) in order to exercise some of your rights. We process some personal information as part of a contractual relationship with a Data Controller. Any requests to restrict this type of processing should be forwarded to the Data Controller; they will be responsible for discussing your concerns and making any decisions.
What profiling or automated decision making does Pendulum perform?
Pendulum does not perform any profiling or automated decision making based on your personal data.
How long will your personal data be kept?
Pendulum holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold and the length of time for which it is held.
If ‘consent’ is the basis for our lawful processing of your data, we will retain your data so long as both the purpose for which it was collected, and your consent, are still valid. For mailing lists and forums, we will consider your consent as valid so long as you continue to receive our emails or login to our website forums. If your email address ceases to receive our messages (e.g. ‘bounces-back’), we will consider this a withdrawal of consent. Occasionally, we might identify a legitimate interest in retaining some of your personal data that has been obtained by consent. If we do, we will inform you that we intend to retain it under these conditions and identify the interest specifically.
If we process your data on the basis of ‘legitimate interests’, we will retain your data for as long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.
Who can you complain to?
In addition to sending us your complaints directly to info@pendulum.com, you can send complaints to our supervisory authority. As Pendulum predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https://ico.org.uk/concerns/.
