Thurlow Nunn Standen Ltd

Approved STIHL and VIKING Dealer

1.DEFINITIONS AND EXPLANATION 1.1. In these conditions: 'Buyer' means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller; 'Conditions' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller; 'Contract' means the contract for the purchase and sale of the Goods; 'Goods' means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions; 'Statutory rate of interest applying to late payment' means the current rate of interest chargeable under the Late payment of Commercial Debts (Interest) Act 1998 including any statutory modification or re-enactment thereof and Statutory Instruments made under the Act; 'Seller' means the Company, whose details are set out on the reverse and who is supplying the Goods; 'Writing' includes facsimile, e-mail and electronic transmission and comparable means of communication. 1.2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation. 2.BASIS OF THE SALE 2.1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any purchase order of the Buyer, who shall in giving such purchase order accept these Conditions. All Goods are supplied only subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. It is a condition of this Contract and the supply of Goods that Goods supplied by the Seller must not in any circumstances be used where their failure could directly endanger life. 2.2. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and of the Seller. 2.3. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 2.4. All industrial or intellectual property rights of any nature whatsoever in the Goods remain vested in the Seller at all times. 3.ORDERS AND SPECIFICATIONS 3.1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 3.2. The quantity, quality and description of and any specification for the Goods shall be those set out in the Buyer's order. 3.3. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, or utilising tooling, software or other goods or equipment supplied by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification or use of such tooling, software or other goods or equipment. 3.4. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance. 3.5. Save as set out in Clause 4 below no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. 4. PRICE OF THE GOODS 4.1. The price of the Goods shall be as per the Seller's price list. All prices quoted are valid for 30 days after which time they may be altered by the Seller on giving notice to the Buyer. 4.2. Where the Buyer provides, as part of the sale, trade-in equipment ('the Equipment') the Buyer warrants that he has full title to the Equipment and there is no charge, lien or other encumbrance over the Equipment. The Buyer must also ensure that the Equipment is available for collection by the Seller at the agreed time, date and location. 4.3. Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods, the Buyer shall be liable to pay the Seller's charges for transport, packaging and insurance. 4.4. The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller. 5.TERMS OF PAYMENT 5.1. The Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods. 5.2. The Buyer shall pay the price of the Goods within 7 days after the date of the Seller's invoice, and the payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request. The Buyer shall not make any deductions, set-offs or counterclaims against the invoice price. 5.3. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: 5.3.1. cancel the contract or suspend any further deliveries to the Buyer; 5.3.2. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 5.3.3. charge interest on the outstanding amount (both before and after any judgment) at the statutory rate of interest applying to late payment from the due date until the outstanding amount is paid in full. 6.DELIVERY 6.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. 6.2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. 6.3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 6.4. If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. 6.5. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: 6.5.1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or 6.5.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. 6.6. If delivery is delayed by industrial dispute or any circumstances beyond the Seller's control then the periods for delivery shall be extended by such a period as is reasonable in the circumstances. Should any delay continue for a period exceeding six months then, unless the parties agree to the contrary, the contract shall be deemed to be terminated without any claim for compensation against the Seller. 7.RISK AND PROPERTY 7.1. Risk of damage to or loss of the Goods shall pass to the Buyer: 7.1.1. in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or 7.1.2. in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. 7.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. 7.3. Until such time as the title in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property. 7.4. Until such time as the title in the Goods passes to the Buyer, the Buyer shall be, subject to the Seller informing the Buyer to the contrary, entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. The Buyer shall have no authority to enter into any contract of sale on behalf of the Seller and any such contract shall accordingly be concluded in the name of the Buyer. 7.5. Until such time as the title in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 7.6. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. 7.7. Save as otherwise stated therein, the provisions of this clause 7 shall survive the termination of any contract made pursuant to these Conditions for whatever reason and in particular but without limitations by the Seller by the acceptance or repudiation of this Contract by the Buyer. 8.WARRANTIES AND LIABILITY The Price of Goods is based, in part, on the limits on the Seller's liability in these Conditions. The Buyer's attention is drawn in particular to the conditions 8.2 to 8.7 (inclusive). In setting these limits the Seller has had regard to its insurance cover, copies of which are available on request. The Buyer should make its own insurance arrangements for risks falling outside the scope of this cover. 8.1. The Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller to the extent that the Seller is able to pass such warranty or guarantee on to the Buyer. 8.2. The Seller shall: 8.2.1. be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or where the Goods have been used in circumstances where their failure could directly endanger life in breach of clause 2.1; 8.2.2. be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller's approval; 8.2.3. be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment. 8.3. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 8.4. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 8.5. Except in respect of death or personal injury caused by the Seller's negligence or fraudulent misepresentation: 8.5.1. the Seller shall not be liable to the Buyer for any loss of profit or any indirect, special or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever which arises out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions; 8.5.2. the Seller's entire liability to the Buyer arising under or in connection with these Conditions whether for negligence, breach of contract, or otherwise shall be the greater of: 8.5.2.1. the total price of the Goods; or 8.5.2.2. the amounts of insurance held and then available to the Seller under it's insurance policies in respect of the Buyer's loss. 8.6. The Seller shall not be liable to the Buyer or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control: 8.6.1. act of God, explosion, flood, tempest, fire or accident; 8.6.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition; 8.6.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 8.6.4. import or export regulations or embargoes; 8.6.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); 8.6.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery; and 8.6.7. power failure or breakdown in machinery. 8.7. In the event of that the Seller is prevented from carrying out its obligations under this Contract, in accordance with clause 8.6 above, the Seller shall give notice of suspension as soon as is reasonably possible to the Buyer stating the date and the extent of the suspension and its cause. The Seller shall resume the performance of its obligations as soon as reasonably possible after the removal of the cause and shall so notify the Buyer. In the event that the cause continues for more than one month either party may terminate this Contract by giving the other party 30 days' prior written notice. 9.INSOLVENCY OF BUYER 9.1. This clause applies if: 9.1.1. the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or 9.1.2. an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Buyer; or 9.1.3. the Buyer ceases, or threatens to cease, to carry on business; or 9.1.4. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 9.2. If this clause applies then, notwithstanding any other rights available to the Seller, the Seller may be entitled to cancel the Contract or suspend any deliveries without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately payable regardless of any previous agreement to the contrary and the Buyer's right to resell the Goods set out in clause 7.3 above will automatically be revoked. 10.TERMINATION Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so. 11.GENERAL 11.1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. A notice is deemed to have been served as follows:- 11.1.1. if personally by facsimile or E-mail, at the time of delivery; 11.1.2. if posted, at the time of expiration of 48 hours or (in the case of airmail) 7 days after the envelope containing the notice is posted. 11.2. Unless specifically stated to the contrary no failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision. 11.3. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected. 11.4. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 11.5. The Contract shall be governed by the laws of England, and the parties hereby submit to the non exclusive jurisdiction of the English Courts for all purposes arising in connection with the Contract. 11.6. These Conditions, and the documents referred to in them, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Contract. Each of the parties acknowledges and agrees that in entering into this Contract, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Contract. The only remedy available to it for breach of any warranty shall be for breach of contract under the terms of these Conditions. Nothing in this sub-clause shall, however, operate to limit or exclude any liability for fraud. 11.7. The Buyer shall not without the prior written consent of the Seller assign, transfer, charge, declare a trust over or deal in this Contract or its rights under it or part of it, or purport to do any of the same.

Privacy Policy SOP

Thurlow Nunn Standen Ltd ("We", “Our”,”Us”) are committed to protecting and respecting your privacy.

This privacy policy applies to the website Thurlow Nunn Standen Ltd (the "Site") and sets out the basis on which any data We collect from you, or that you provide to Us, will be processed.

This policy is in accordance with the Data Protection Act 1998 (the “Act”).

Please read the following carefully to understand Our views and practices regarding your personal data and how We will treat it.

For the purpose of the, the data controller is Thurlow Nunn Standen Ltd of Wisbech Road, Ely, Cambs CB6 1RA United Kingdom.

Data collected via the Site will be processed on our behalf by the provider of the Site, ANDREAS STIHL LIMITED of STIHLHOUSE, STANHOPE ROAD, CAMBERLEY, SURREY GU15 3YT and any sub-contractors it may appoint from time to time, in accordance with Our instructions.

Information We May Collect From You

As you navigate through and interact with the Site, We may collect and process the following data about you:

Information you give to Us

  • You may give Us information about you when you search for a product or place an order on the Site;

  • The information you give Us may include your name, address, e-mail address and phone number, financial and credit card information, customer history and billing and payment data. In addition, if you contact Us, We may keep a record of that correspondence.

Some of this information may inevitably comprise personal data about you.

Information we collect about you

  • Details of your visits to the Site, including traffic data, location data and information about the resources that you access and use on the Site;
  • Information about your operating system and browser type.

The information We collect about you is statistical data about users' browsing actions and patterns, and does not identify any individual. It helps Us to improve the Site and to deliver a better and more personalized service by enabling Us to:

  • Estimate the Site’s audience size and usage patterns;
  • Store information about your preferences;
  • Speed up your searches;
  • Recognize you when you return to the Site.

Information we receive from other sources

  • We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

Cookies

We may obtain information about your general internet usage by the use of a cookie file which is stored on the hard drive of your computer in order to distinguish you from other users of the Site. A Cookie is a small piece of data that a website can send to your computer’s browser so that this computer will be recognised by the Site on your return.

Cookies allow your computer to be recognised on connection to the Site, enabling Us to provide a better browsing experience. In addition cookies may also be used to help gather statistics about the use of the Site, such as Site performance..

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. For more information about cookies, please see the Information Commissioner's website home page or the Interactive Advertising Bureau.

Uses Made Of the Information

The information held about you will be used as determined by Us including but not limited to the following:

Information you give to Us

  • To present the Site and its contents to you;
  • To ensure that content from the Site is presented in the most effective manner for you and for your computer;
  • To provide you with the information and products that you request;
  • To provide you with information about other products that are similar to those that you have already purchased or enquired about where you have consented to be contacted for such purposes;
  • To carry out obligations arising from any contracts entered into between you and Us;
  • To allow you to participate in interactive features of the Site, when you choose to do so;
  • To notify you about changes to the Site.

Information we collect about you

  • To improve the Site to ensure that content is presented in the most effective manner for you and for your computer;
  • As part of Our efforts to keep the Site safe and secure;
  • To measure or understand the effectiveness of advertising served to you and others, and to deliver relevant advertising to you;
  • To make suggestions and recommendations to you and other users of the Site about products and offers that may interest you or them.

Disclosure of Your Information

We may share your personal information with any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract We may enter into with them or you;
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to advertisers, but we may provide them with aggregate information about users;
  • We may make use of the personal data we have collected from you to enable Us to comply with Our advertisers' wishes by displaying their advertisement to that target audience;
  • Analytics and search engine providers that assist Us in the improvement and optimisation of the Site. We may disclose your personal information to third parties:
  • If We or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our contacts will be one of the transferred assets;
  • If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms and conditions and other agreements; or to protect Our rights, property, or the safety of, Our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
  • To fulfil the purpose for which you provide it;
  • For any other purpose disclosed by Us when you provide the information;
  • With your consent.

Where We Store Your Personal Data

We will generally only process personal data within the territory of the United Kingdom, in a member state of the European Union or in another state party to the Agreement on the European Economic Area. However, your personal data may be outside such countries (for example by Our staff or the staff of one of Our suppliers). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

By submitting your personal data, you agree to this transfer, storing or processing.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

Your Rights

You have the right to ask Us not to process your personal data for marketing purposes, to correct your data or to delete your data by contacting Us at

Wisbech Road Littleport, Ely, Cambs CB6 1RA United Kingdom

The Site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates, including those of Andreas Stihl Limited. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing you with details of the information We hold about you.

Changes to Our Privacy Policy

Any changes We may make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to

Wisbech Road Littleport, Ely, Cambs CB6 1RA United Kingdom

What are cookies?

Cookies are tiny text files stored on your computer when you visit certain web pages. We use cookies to keep track of what you have in your cart, submit Contact forms, and to remember you when you return to our site.

To purchase STIHL products, you need to have cookies enabled. If you don't wish to enable cookies, you'll still be able to browse the site, but you will not be able to submit Contact forms or purchase any products.

Please note that cookies can't harm your computer. We don't store personally identifiable information such as credit card details in cookies we create.

We're giving you this information as part of our initiative to comply with recent legislation, and to make sure we're honest and clear about your privacy when using our website. Click here to view our Privacy Policy and Terms & Conditions.

Further information about cookies

If you'd like to learn more about cookies in general and how to manage them, visit aboutcookies.org

Managing cookies

To purchase STIHL products, you need to have cookies enabled. If you don't wish to enable cookies, you'll still be able to browse the site, but you will not be able to submit Contact forms or purchase any products.

To manage your cookies, see the below guides for the four most popular browsers:

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For all other browsers, please consult your documentation or online help files.

Our Cookies:

Our cookies policy

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Here’s a list of the third party cookies we use, and what we use them for:

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