Terms & conditions, GDPR policy

  1. Who we are, We are Technical Arc Ltd. You can find out how to contact us in Section 9 below.
  2. Your Privacy, In the course of our dealings with you, we will collect and process personal information about you. Personal information includes any information allowing us to identify you as an individual, for example, your name, your email address or your telephone number.

We are committed to protecting your privacy. We will use your personal information in accordance with all applicable laws and regulations that relate to data protection and privacy, including the EU General Data Protection Regulation (GDPR) & any subsequent versions during or after withdrawal from the EU.

This document tells you:

what personal information we collect;

  • why we collect this information;
  • how we will use it;
  • how long we will keep it;
  • who else will see it;
  • how you can contact us;
  • your rights in relation to the personal information that we hold, including your rights to change, delete and see your information.
  1. What information do we collect? We collect the following types of information:

(a) Information we collect when you purchase from us or open a credit account with us

  • your name & business trading name;
  • your postal address & invoice address;
  • your email address;
  • your telephone number;
  • a password – please keep this safe;
  • whether you would like to receive information from us via email, SMS text, post or telephone;
  • if you are placing an order, we will also ask for your payment card number, expiry date and CVV number.

(b) Information we collect about how you use our website and apps

When you shop with us, browse our websites or other organisations’ websites where our adverts are shown, or use our apps, we may collect:

  • information about any devices you have used (including the manufacturer, model and operating system, IP address, browser type and mobile device identifiers);
  • cookies and information about your online browsing and purchasing behaviour and history on our websites and apps, your location, your product selection, and information about when you click on one of our adverts (including those shown on other organisations’ websites);
  • information when you write a review or ask a question or provide an answer via our website, email or other method.
  • details of your purchases with or through us;
  • photos and videos you have uploaded on our web and mobile platforms and applications;
  • information about your preferences in connection with our website & for the purposes of enhancing and personalising your experience;
  • CCTV footage when you visit our premises; and
  • information when you “share this” product review via Facebook, Twitter, Google, and other social media channels.
  1. Why do we ask for this information? When you place an order online, or by other methods, we need your contact and payment information to enable us to take payment and fulfil your order. We also request your contact information and need your payment information when you shop offline with us or via telephone or face to face. You can browse our website without providing us with any of this information. When you want to place an order via the website, we ask you to login or register so you can open a customer profile and upload and save images, save your browsing information and your preferences and retrieve them from any of your devices.

You may also provide us with personal information via our forums, product questions and reviews, survey responses or other. We will ask for or collect your information when you use our website, telephone support and other contact methods. You do not have to give us permission in order to use our website.

We ask for your permission to send you marketing and promotional material using your address, telephone number, email address and SMS, so that we can send you special offers, product updates market research, and other marketing material that we believe may be of interest to you. If you give permission, you will be able to withdraw it at any time by:

  • emailing sales@technicalarc.co.uk
  • telephoning 01904 410041
  • writing to us at Technical Arc, York UK YO19 5UP

Even if you choose not to receive this marketing information, we may still use your personal information to provide you with important services communications, including communications in relation to any orders you submit or products you purchase.

  1. How do we use your personal information We have set out below the purposes for which we use your personal information. We are also required by law to state a “legal basis for processing”, i.e. to tell you on what grounds we are allowed to use your information, and this is also set out below. The legal basis for each purpose is that we have your consent for the use of your personal information, or that we need to use your personal information in order to perform a contract with you, or that the use of your personal information is necessary for our legitimate interests (in which case we will explain what those interests are).
Purpose of processing Our legal basis
communicate with you about your order for a service or a product; Contractual necessity – we use your personal information in order to meet our obligations under our contract with you (for example, to deliver a product you have ordered).
contact you about leaving a review on a product or service or providing feedback once your order has been completed or the service has been provided; Legitimate interests – we use your personal information to contact you so that we can ask you to provide feedback on the product or service you have ordered.
notify you about changes to our services and to otherwise communicate with you. For example, we will use your contact details in order to respond to any queries that you submit to us; Legitimate interests – we use your personal information to keep you up to date with information about our services, and to respond to your queries.
send you information about products and services, including exclusive offers, deals, and information about products and events; Legitimate interests – we use your personal information to send you this information. In some cases (such as where we’re required to do so by law) we will also ask for your consent before sending you this information.
help us review, develop and improve the products and services we offer. For example, calls to our office may be monitored and/or recorded for quality control and training purposes. We may also send you market research requests via email (which you can opt out of via that email). Legitimate interests – we use your personal information to help us deliver the best quality of service to you and our other customers.
improve and measure the effectiveness of our marketing communications, including online advertising. We sometimes compare limited information that we hold about you (for example, your email address or mobile phone number) with third parties that also hold your information or have an existing online relationship with you in order to identify you as our customer and to enable us (or third parties on our behalf) to provide you with relevant marketing online. For example, we may compare your information with the information that social networking sites such as Twitter, Instagram, and Facebook hold on you, so that they can identify you as a customer and hence tailor the marketing you receive via their sites and products. Legitimate interests – we use your personal information to deliver you a tailored experience when using such digital services, to help us understand the effectiveness of our advertising, and to make sure you see adverts that are most relevant to you.
provide, enhance and personalise your experience on our digital services provided from our web and mobile portals and applications; Legitimate interests – we use your personal information to deliver you a tailored experience when using our digital services.
carry out security checks to protect against fraudulent transactions and to prevent and detect criminal activity; Legitimate interests – we use your personal information to protect against unlawful activities. In some cases we may also be under a legal obligation to disclose your personal information (for example, to law enforcement agencies).
address any claims made against us. Legitimate interests – we use your personal information to address any claims you make against us. In some cases we may also be under a legal obligation to disclose your personal information (for example, in connection with legal proceedings).

Our websites and apps are not intended for children and we do not knowingly collect data relating to children.

  1. How long do we keep your personal information? We are required by law to keep your personal information only for as long as is necessary for the purposes for which we are using it. The period for which we keep your personal information will be determined by a number of criteria, including the purposes for which we are using the information, the amount and sensitivity of the information, the potential risk from any unauthorised use or disclosure of the information, and our legal and regulatory obligations.
  2. Who do we share your personal information with? We may disclose your personal information to third parties, including in the following circumstances:
  • We use third parties to carry out certain activities on our behalf that involve the processing of personal information. For example, we may engage third party service providers to fulfil orders, deliver packages, send postal mail, SMS text messages and email, maintain and update our databases of customer details (including the removal of repetitive or incorrect information), analyse data to help us develop, provide and improve our services, provide marketing assistance, process payments and refunds, carry out surveys, provide customer service and handle claims. These third parties have access to personal information needed to perform their functions, but may not use it for other purposes. We may use the information we receive from third parties to supplement, improve and add to our databases of customer details, and for purposes such as credit checking and fraud prevention.
  • We may pass your details to third parties (such as Experian) for the purpose of improving the quality and accuracy of our database, suppressing records for deceased people and movers, for appending marketing information and for solvency and credit scoring purposes.
  • We may pass personal information to external agencies and organisations (including the police and other law enforcement agencies) for the purpose of preventing and detecting fraud (including fraudulent transactions) and criminal activity. These external agencies may check the information we give them against public and private databases and may keep a record of such checks to use in future security checks. We may also disclose personal information to the police and other law enforcement authorities in connection with the prevention and detection of crime.
  • We may pass personal information to our insurers in the event that a claim is made or could be made against us.
  • We may pass your personal information to third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation (including in connection with a court order), or in order to enforce or apply any agreements we have with or otherwise concerning you (including agreements between you and us (or one or more of our affiliates); or to protect our rights, property or safety or those of our customers, employees or other third parties.
  • We may share anonymous or aggregate data (such as aggregated statistics or other anonymised data) with third parties.

Links to external sites From time to time we may also establish relationships with third parties that will enable you to access the websites or applications (such as video players) of such third parties directly from our own websites or applications. Each third party operates its own policy regarding the processing of personal information and the use of cookies on its website(s) or through its applications and you are advised to read the third party’s privacy policy and cookies policy. Please note that third party websites and applications are not under our control. When you click through to these websites or access these applications you leave the area controlled by us. We do not accept responsibility or liability for any issues arising in connection with the third party’s use of your data (including your personal information).

Where will your personal information be processed? Your personal information will be processed and stored at our office, Technical Arc Ltd, Outgang Lane, Osbaldwick York UK. We will take all reasonable steps and implement appropriate measures to ensure that your personal information is adequately protected in accordance with the law at all times.

  1. Your rights, You have the right to ask us to:
  • Confirm what personal information we hold about you and provide you with a copy of that data;
  • Correct any personal information that is inaccurate;
  • Remove your personal information where there is no good reason for us to continue to hold that data;
  • Temporarily stop using your information if you are questioning our right to use that data;
  • Stop using your personal information unless we can demonstrate a valid reason why we need to continue to hold that data e.g. to support a product warranty;
  • Stop using your personal information to send you marketing materials such as our catalogue, marketing email, discounts or vouchers.
  • Provide you with the personal information that you have provided to us, in a structured and commonly-used electronic format, or transmit that information directly to another company if that is technically feasible. This applies where we are using your personal information on the basis of your consent or because it is necessary to perform a contract with you (see How do we use your personal information, above).

Our security procedures mean that we may request proof of identity before we are able to disclose your personal information to you or comply with other requests.We want to make sure that the personal information we hold about you and your preferences as to how we contact you are accurate and up to date. If any of the details are incorrect, please let us know (details below) and we will amend them.

You also have the right to make a complaint to the Information Commissioner’s Office if you’re not happy with how we’ve handled your personal information. You can contact the supervisory authority at: Website: www.ico.org.uk

  1. How to contact us? To update your details or ask for a copy of your personal information:

You can call us on: 0044 (0) 1904 410041, You can write to us at Technical Arc Ltd, York, YO19 5UP United Kingdom,

Email, sales@technicalarc.co.uk

  1. Protecting your personal information, The transmission of information via the internet is not completely secure; this risk is common across the internet and not specific to our services. We cannot guarantee the security of your data (including your personal information) transmitted to our services; any transmission is at your own risk. It is important for you to protect against unauthorised access to your password and to your computing device. Be sure to sign off and close your browser when you have finished your session. This will help to ensure that others do not access your personal information if you share your computing device or use a computing device in a public place such as a library or internet cafe.
  2. Updates to this notice, We may update this notice from time to time. The latest version of this notice will be posted on our website.

Terms & conditions

Reference to any other manufactures names, model names and numbers is for reference or convenience only. All other manufacturers names listed are registered trademarks and are the property of the respective manufactures, and our reference to them is for your information only.

These terms and conditions apply to all quotations & supplies made by Technical Arc Ltd for all products & services. Please read them carefully and make sure you understand them before you order any products. Acceptance of orders by the seller are conditional only on the buyer having read & understood these terms and conditions of sale prior to ordering goods. They do not affect your legal rights.

General

The ‘seller’ also ‘we’ ‘us’ is Technical Arc Ltd Outgang Lane Osbaldwick York, YO19 5UP. The ‘buyer’ or ‘customer’ is the person or company who accepts a quotation from the seller or who places an order for goods with the seller.  ‘Goods’ means any machines, products, parts & services supplied by the seller.

Prices & quotations

Minimum order value for all goods is £10.00 + P&P.

We reserve the right to change any published prices if deemed necessary.

Prices, offers and products are subject to availability and may change (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.

Quotations by the seller verbally & in writing are valid for 30 days unless stated otherwise.

Quotations for products & services by any method can on occasions be subject to human error or confusion over correct product by both the seller & customers. We cannot be held responsible for incorrect quotations or confusion & reserve the right to not supply where necessary.

Where we have quoted or estimated for any service/repair work we will carry out the work in accordance with the original quotation. However due to the nature of certain jobs, occasionally we may find extra work is required beyond the original quotation, in this case we reserve the right to charge for the extra work

Acceptance of orders for all goods services

All quotations given and orders for goods & services are accepted by the seller are only on the basis of the terms & conditions set out on this page & are to the exclusion of any conditions of trading which the buyer may purport to impose. Cancellation of orders will not be accepted without the prior agreement of the seller. Request for cancellation of orders must be made in writing and will only be accepted at the discretion of the seller. Cancellation of orders for TECARC, OXFORD, PORTAMIG & other manufactured products is only possible before manufacturing has started, once production is underway cancellation is not possible.

In addition, cancellation of the following orders is not possible; any orders for products modified from standard, cut to length or ‘special order items’ non-stock items specially ordered from our suppliers & orders deemed to be ‘beyond normal quantity’ orders for products which has resulted in extra stock ordered from our supplier.

Payment terms

Payment for goods is in advance in cleared funds unless a credit account is approved by the seller. Payment for approved credit accounts must be made in cleared funds to the seller within 30 days of the end of the month in which the sellers invoice is dated. The seller reserves the right to charge the buyer interest at the rate of 2% above Barclays Bank Base Rate for overdue accounts.

Retention of title & risk in the goods

The goods are at the risk of the buyer from the time of delivery. The legal owner of the goods is the seller until ‘all sums’ are received from the buyer.

Title in the goods shall remain with the seller until full payment for the goods & ‘all sums’ owing to the seller are received from the buyer.

Until such time as ‘all sums’ are received by the seller the buyer must hold the goods on a fiduciary basis as the sellers bailee. The buyer may resell the goods before title in the goods has passed to the buyer providing only that the goods are resold at the full market value in the course of normal business & the buyer shall hold such part of the proceeds of sale as represents the amount owed to the seller & the buyer shall account to the seller accordingly. The goods must be stored in good condition by the buyer & in such a way as to be easily identifiable as the seller’s property. The goods must not be defaced or tampered with & must be insured for all risks by the buyer. Where the goods consist of a service provided such as repair work the seller remains is the legal owner of any parts fitted or service provided until all sums are received from the buyer.

The proceeds of any insurance claim must be held on trust for the seller & not mixed with any other funds or paid into any overdrawn bank account.

The seller shall in the event that serious doubt arises as to the buyer’s solvency give notice in writing to the buyer to pay within seven days the full price for the goods under this or any other unpaid

contract between the buyer and seller and that if at the end of the seven day period the buyer has failed to pay the whole of the balance outstanding, the seller shall be entitled to the immediate return of all goods. The seller shall also be entitled to such immediate delivery if any of the following apply to the buyer; any administration order, voluntary arrangement with creditors, entering into liquidation, convenes a meeting of creditors, has a bankruptcy order made against the buyer, or appointment of a receiver, in all of these instances the seller shall be entitled & the buyer here-by grants to the seller or his agent a licence to enter any premises of the buyer or third party during normal business hours for the purpose of removing such goods from the buyer’s premises.

If the seller provides consignment stock to the buyer these terms & conditions still apply in full & the legal owner is the seller until full payment of ‘all sums’ is received by the seller.

Warranty

Standard warranty on welding machines is stated on individual sales literature & on website. This is normally 2 years or 1 year for some models. All welding & cutting machines carry a 5 year warranty on the main transformer. Auxiliary equipment & all parts supplied are covered for 1 year warranty. Semi-consumable & high wear items such as wire feed rollers/gears, welding & cutting torches, earth clamps etc are covered from manufacturing defects for 3 months. Equipment must be properly maintained for any warranty claims to be valid. Repairs carry a six months warranty on the actual work carried out only, not on the whole equipment.

Normal wear & tear is not covered by warranty. Goods which have been modified or changed may not be covered by warranty. All warranty claims will be invalid if the buyer fails to pay the seller in accordance with our ‘payment terms’ set out above.

The seller operates a warranty system based on taking sensible decisions to ensure the best possible service & lowest cost option for all concerned. Our preferred supply of goods is through authorized distributors, the local distributor is there to provide product support & technical assistance where required & should be contacted in the first instance of any warranty related claim. Further product support is available directly from our Engineers who are likely to resolve most issues over the phone or email. In some cases we may supply a part to the distributor or customer or request a part is sent to us for testing. In the rare event of products needing to be returned to us for a warranty claim it must be sent carriage paid by the buyer/customer. We will cover carriage cost for the return with a of an item with proven warranty fault. We reserve the right to repair or replace any faulty goods as necessary. Where we have supplied parts for a warranty claim the faulty parts must be returned to us within 14 days otherwise we reserve the right to make a charge to the customer. Labour cost’s for repairing or fitting warranty parts is covered by the seller only if the work is carried out by us in our workshops. Any item that is returned to us for warranty repair and is found not to be faulty or the fault has been caused by operator error, or abuse, will be deemed chargeable. The lifespan of all equipment is dependent on proper maintenance & all equipment should be serviced & maintained in accordance with operating manuals & sound judgment. Failures occurring within warranty period which are found to be down to inadequate maintenance or operator abuse are not covered by warranty.

Where we supply welding machines to approved prime distributors of our equipment (as listed on this website) & the distributor often holds stock, we will start the warranty period from the date of sale to the end user (maximum extension of 6 months from original supply to the distributor). In the case of a warranty claim thereafter the customer must provide proof of original supply date & serial number.

Returns

No goods can be returned unless authorized, if agreed with the seller then a unique returns number will be issued to the buyer. Authorized returns are subject to a 15% restocking fee to cover our cost of dispatch, restocking, testing etc. Goods returned must be in the same condition as when they left the sellers premises. No goods may be returned after 14 working days following delivery.

The following goods are manufactured to order and cancellation or return of these goods is not possible under any circumstances:- MIG, TIG & PLASMA machines, wirefeed units, watercoolers, footpedals, transformers, chokes, interconnectors, load banks, automatic equipment of any type, welding positioners, calibrators, meter kits, calibox, meter box, some rectifiers, non standard switches, spool on gun & push pull guns, or any other manufactured to order products or repairs to order, etc. Any other goods not normally stocked but supplied by us are deemed special order products and cannot be returned for credit in any circumstances.

Claims for damaged or missing goods

It is the buyer’s responsibility to inspect all deliveries before signing for the goods, if you see any damage to parcels or pallets then only sign for as ‘damaged’.

Any goods which are received damaged must be signed for as ‘damaged’ & Technical Arc notified in writing within 24Hrs of receipt otherwise we are not able to process any claim. For goods found to be damaged after inspection we are limited by our carriers to notifying them within 24 hours otherwise no claims are possible for damaged goods, therefore all goods should be inspected without delay.

Any shortages received must be notified in writing within 24 hours of receipt otherwise no claims are possible for missing goods.

Sale or return (SOR)

The seller may agree to supply certain goods on a sale or return basis, this is only available by prior agreement & must be confirmed in writing by the seller. Goods must be returned within 1 month from the date of delivery otherwise it is deemed that the goods are sold to the buyer & we will invoice the goods in accordance with these terms & conditions. In the event of goods being returned these must be returned in the same ‘new’ condition as when supplied by the seller. The seller will make a charge (at the seller’s cost price) to the buyer for returning the goods to ‘new’ condition in the event of any soiling or damage to the goods.

Suitability of goods

The suitability and installation of goods supplied by the seller is the responsibility of the buyer. All published ratings, or assistance provided to select products is for guidance only, the ultimate suitability of the goods is the buyers responsibility. We are not responsible for any damage or injuries incurred through fitting or using goods. Any modification to goods before or after installation will invalidate any warranty or liability to the seller.  The seller is responsible for ensuring all goods perform to specification & as intended, however the seller cannot be held responsible for the actual end result of any use of the goods.

Weee compliance regulations. Registration number Weee/HD0071UZ (B2B)

We operate in compliance with the Weee regulations for all equipment produced & branded by us which falls within the scope of this directive. Equipment may be produced on request as unbranded, or branded with the distributors name or logo, in this instance the distributor should account for Weee under their own Weee compliance scheme. 

The purchaser shall not dispose of the product other than in accordance with the Weee regulations.

The purchaser is responsible for any costs of collection, treatment, recovery & environmentally sound disposal of the product & replaced products in accordance with the current Weee regulations.

The purchaser agrees to indemnify & keep indemnified the seller from & against all loss, damage or liability (whether criminal or civil) suffered, & legal fees & costs incurred by the seller resulting from a breach of this clause.

Customers goods sent in or picked up for repair/service

All quotes or estimates are based on what is found by our Engineers. Once we have been given an order to proceed our Engineers will carry out the job based on original quote/estimate. Due to the nature of repair work sometimes additional work may be needed. We reserve the right to make additional charges where needed. All repair & service work on all equipment & PCB’s is chargeable even in the event of an unsuccessful repair attempt. In the event of an unsuccessful repair we will always try to find a cost effective solution for the customer.

In some situations customers do not proceed with repairs, this can mean we end up storing customers goods for extended periods which results in a massive storage problem for us. We always attempt to contact customers to get a decision on the future of any equipment in for repair. Where we have customers goods for more than 12 months we reserve the right to dispose of the goods without further communication. All disposals will be in accordance with current Weee legislation.

Other

We try very hard to ensure that all information is correct. However, errors may occasionally occur. If we discover an error in the price or description of a product you have ordered, we will notify you and ask you whether you wish to continue with your order or cancel it. We may also, in our sole discretion, choose not to provide the product to you if there has been an error in the description or price quoted.

On occasions, to preserve supply ability or for technical reasons we may make changes to products. We reserve the right to change any products without prior notice.

All quoted sizes & weights are approximate.

The seller is not responsible for any costs incurred by the buyer in the storing, insuring, transportation or use of the goods in any way.

The seller is not responsible for any costs incurred by the buyer or customer resulting from faulty goods or delays in supply of goods or repair delays of any goods.

The seller is not responsible for any product failure occurring during testing, repair, validation or service work of any type or any resulting costs from such product failure.

We aim to offer a fast and reliable service at all times, with a next day delivery on spares and many other items, however we cannot be held responsible by the buyer or any other party for any losses resulting in a later delivery than expected or non delivery.

We are happy to give technical advice on any of our products & general assistance with technical issues; however we cannot be held responsible for incorrect advice or information.

The seller reserves the right to alter or offer products that may differ in appearance from the products illustrated when required.

If any of part of these terms & conditions proves invalid, illegal or unenforceable, such part will be deemed excised from these & not affect the validity of the remainder of these terms & conditions.

These terms & conditions are governed by the laws of England.