Terms & Conditions

TERMS & CONDITIONS

On commencement of signing up for our services and on provision of a purchase order, we can accept your order and engagement and make a legally enforceable agreement without further reference to you. In addition, commencement of placing an Order for physical Goods (Ofpg) are also outlined within our terms and conditions and come into effect immediately post online purchase and receiving an order confirmation. Therefore, you must read these Terms and Conditions to ensure you understand our standard working procedures, practices and policies that relate to Arc People & Talent and how we will upkeep our level of service to you.

Application

These Terms and Conditions will apply to the provision and purchase of people related services, and any related goods requested by you (the Customer or you). We are Arc People & Talent whose trading name is ARTISAN REPAIR CONCEPTS LTD a company registered in England and Wales under number 14266611 whose registered office is within the UK, email address info@arcpeopleandtalent.com; (the Supplier or us or we).
These are the terms on which we sell our Services and physical Goods to you. Those services made available for purchase via a sign up on the website that engage our terms and conditions, will be marked accordingly and you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order or Service provision. If you make an enquiry via the website to discuss the provision of services, our terms and conditions will be made available to you as part of our customer acceptance agreement. All Goods that are purchased directly from the website will immediately accept these Terms & Conditions and acceptance will be prompted prior to completing any order you place. Please note, you can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
These Terms and Conditions primarily encompass the agreement for; Services, Goods. As Subscriptions are not provisioned, these are not included. All Services, that are bespoke and customised will be outlined on the Website, www.arcpeopleandtalent.com and will require additional communication via Durable medium such as via email, in person, or speaking on a telephone call or computer system virtual call. Within this communication, these Terms and Conditions will be partnered with a Customer Acceptance Agreement that will wholly create the Terms and Conditions to meet your specific Service requirements.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any physical goods that we supply to you, and the number and description as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Services mean those that we supply to you with the description set out in the Customer Acceptance Agreement;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website www.arcpeopleandtalent.com on which the Services are advertised.

Services

The description of the Services and any Goods (physical) is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services, these are provisioned to your requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability and will only be confirmed available during consultation with a representative of Arc People & Talent and during set up of a Customer Acceptance Agreement.
We have the right to make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

The description of the Services and any Goods (physical) on our website does not constitute a contractual offer to sell the Services or Goods. When an Order for physical goods (Ofpg) has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order for physical goods (Ofpg) process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
If any services are made available online and can be provisioned directly from the website, a Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

Fees and Payment

The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis. Customised services to include the provision of recruitment and people based solutions will be outlined in Customer Acceptance Agreement set up in conjunction with these Terms and Conditions.
Fees and charges include VAT at the rate applicable at the time of the Order.
For Good and those Services that can be purchased via the website, you must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement; without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you made a written request to us before the Contract was made that delivery on time was essential and this formed a written part of our sales agreement with; or
after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal , Returns and Cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 5 working days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:

goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.

Right to Cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 5 working days without giving any reason.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision via email. In any event, you must be able to show clear evidence of when the cancellation was made. You can submit a cancellation by providing details of your order; to include business name, address, order number, order date, purchasers name, VAT number, telephone number and email address in which you created the order, and providing a clear statement of the Customer's decision to cancel the Contract by emailing info@arcpeopleandtalent.com or, if the function is available, by managing your order at www.arcpeopleandtalent.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the Cancellation Period

We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service. If services have been initiated at request (immediately), the cancellation period will be stipulated in the Customer Acceptance Document created at the point of Order.

Effects of Cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services Commenced During the Cancellation Period

Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied. Where this sits within 5 days, you must pay for a minimum of 5 days or the period identified in the Customer Acceptance Agreement. The amount will be proportionate to the provision of services and will be calculated on the basis of the total price agreed in the Customer Acceptance Agreement or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

Timing of Reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 30 days after the day we receive back from you any Goods supplied.
If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and no later than 30 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. We recommend that you arrange tracked delivery as failure to receive Goods will cease reimbursement. The items must be in exact, like for like condition as purchased and not used. It is your responsibility to ensure items are returned in the same packaging and same protection as when issued. We recommend taking a picture of the items you return and storing these until your cancellation has been processed.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:

be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.

It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

The Contract continues as long as it takes us to perform the Services and as outlined in the Customer Acceptance Agreement issued at the point in which you requested Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
is subject to any step towards its bankruptcy or liquidation.

On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (www.arcpeopleandtalent.com) and Cookies Policy (www.arcpeopleandtalent.com).
For the purposes of these Terms and Conditions:

'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
'GDPR' means the UK General Data Protection Regulation.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs or a complaint needs to be made, customers should contact us in the first instance to allow us to find a solution. The service representative should be the customer's immediate point of contact, however contact can also be made via email at info@arcpeopleandtalent.com. It's in our interest that all parties are treated with fairness and supported and therefore we will aim to respond with an appropriate solution within 10 working days. As issues can be situational, we endeavour to fully resolve issues within 30 days. .

These Terms & Conditions were created on 29 July 2024. (V1.0)