Legal

Handel House website is the website of the Board of Trustees of The Handel House Trust Ltd. of 25 Brook Street, London W1K 4HB Tel: +44 (0)20 7495 1685

Links

• Definitions
• Terms and conditions of use and general conditions of sale
• Disclaimer
• Terms & conditions of use
• Privacy and data protection statement
• General conditions of sale
• Complaints

Definitions

• “Special Conditions” means specific conditions relating to a product or service on the relevant web page
• “Website” means Handel House’s website currently located at www.handelhouse.org
• “We / us” means Handel House
• “You” means a user of the website
• “Users” means collectively users of the website
• “Consumer” means a person who is not ordering goods or services in the course of his or her business

Terms and conditions of use and general conditions of sale
By using the website you agree to be bound by the “Terms and Conditions of Use”, and if you purchase any goods from the website you agreed to be bound by the “General Conditions of Sale”.

If you are uncertain as to your rights or require any explanation about them please email Handel House

Disclaimer
The Handel House Trust (HHT) respects your privacy and is committed to protecting your personal data.

This privacy notice describes how HHT collects and processess your personal data through your use on our website, and tells you about your privacy rights and how the law protects you.

This notice applies to all website users and individuals who have registered as supporters with HHT. Our website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Data controller
The HHT is the data controller and is responsible for your personal data (collectively referred to as “the Trust”, “HHT” “we”, “us” or “our” in this privacy notice). We are required under data protection legislation to notify you of the information contained in this privacy notice.

We have appointed a Data Protection Manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
Our full details are:
Full name of legal entity: The Handel House Trust
Name or title of Data Protection Manager: Elizabeth Nicholson
Contact details: [email protected]

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Data protection principles
We will comply with data protection law. This says that the personal data we hold about you must be:

1. used lawfully, fairly and in a transparent way.
2. collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. relevant to the purposes we have told you about and limited only to those purposes.
   accurate and kept up to date.
4. kept only as long as necessary for the purposes we have told you about.
   kept securely.

We are accountable for these principles and must be able to show that we are compliant.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect the personal data of users of our website, individuals that have registered as a supporter with HHT, and each time an individual places an order for tickets or in our web shop.

We may collect, store, use and transfer the following categories of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, date of birth, place of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you.
• Fundraising and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Usage Data includes information about how you use our website.

• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

We may also collect, use and share Aggregate Data such as statistics about sales, web site usage and related site information on the website but these will not include any personally identifying information. Please note in particular that statistical records are maintained of pages visited by Users whether or not they have registered.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).

How is your data collected?

We use different methods to collect data from and about you including through:

Direct interactions -You may give us your Identity, Contact and Financial Data by filling in order forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• fill out a contact form
• register as a Friend or member of the Handel House Circle or the Handel Hundred
• request to join our mailing list

Automated technologies or interactions – As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

How we define processing

‘Processing’ means any operation which is performed on personal data such as:

• Collection, recording, organisation, structuring or storage;
• Adaption or alteration;
• Retrieval, consultation or use;
• Disclosure by transmission, dissemination or otherwise making available;
• Alignment or combination; and
• Restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

How we will process your personal data

We will only process your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we have your consent to using your personal data for a particular purpose.
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where we need to comply with a legal obligation or regulatory obligation, such as reporting to HMRC.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal data in the following situations, which are likely to be rare:

• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest or for official purposes.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Break

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Automated decision-making

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data sharing

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.

Why might you share my personal data with third parties?

We will share your personal data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

International data transfers

We do not transfer your personal data outside the European Economic Area (EEA).

Which third-party service providers process my personal data?

We use a third party Payment Service Providers to operate a secure server to process online orders.

How secure is my information with third-party service providers?

Our third-party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality and to keep it secure. Details of these measures may be obtained from the Director.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal data are available on request Security policy which is available from the Data Protection Manager.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

Your rights in connection with personal data

Under certain circumstances, by law individuals have the following rights in relation their personal data:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you would like to exercise any of the various rights listed above, please contact the Data Protection Officer in writing via the contact detail at the top of this note.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Changes to this privacy notice

This policy was produced in June 2018.

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.

General conditions of sale

The General Conditions of Sale governing any given order for goods from the website will be the version which is current at the date of your order. Special Conditions will apply to individual goods and can be found on the appropriate web pages for transactions involving the specific goods. Where any conflict exists between the General Conditions of Sale and the Special Conditions, then the Special Conditions will apply provided they do not conflict with any terms and conditions in the General Conditions of Sale which are required by law.

As the General Conditions of Sale and Special Conditions are subject to change, you are advised to check the current version prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in deciding whether the General Conditions of Sale and Special Conditions have changed since your last order, we will display the date when they were last updated.

Handel House will provide the goods upon the following conditions of sale:

1. Technical steps to complete contract to purchase goods

See our online shop pages for details of the steps to follow to place and amend/cancel an order.

1.1. Handel House invites you to view the goods as displayed on the website.

1.2. If you wish to order goods you should complete the relevant details on the shopping basket screen or relevant application form and offer the stated price together with your payment card details. Your order represents an offer to purchase which is not accepted until we send you an email confirming your order.

1.3. To order goods on-line you must be registered on this website. There will be an option to register when you checkout for the first time. This will require the use of cookies.

1.4. Handel House may at its option either accept or reject your offer to purchase and pay for the goods online.

1.5. If Handel House rejects your offer to purchase online you will be notified and advised of an alternative method of purchase, if available.

1.6. Handel House shall not be required to disclose or explain any acceptance or rejection of offers unless otherwise set out in the Special Conditions.

1.7. All orders are subject to availability and to price correction in the event that an administrative error has resulted in an incorrect price being stated on the relevant web page. Details of current price and availability will be as set out on the appropriate web page for the goods you wish to order.

1.8. Handel House reserves the right to terminate or suspend the processing of an order if it is necessary for technical or legal reasons.

1.9. Handel House reserves the right to make changes to its website and Conditions of Use and Sale at any time. However, you will be bound by the Conditions of Use and Sale in force at the time that you use the website or order goods online, unless any retrospective change is required to be made by law in which case the change will apply to orders previously placed by you.

1.10. If Handel House accepts your offer to purchase goods you will be sent an Order Confirmation setting out details of your order and your rights of cancellation. The contract between us will be formed at the time the Order Confirmation is sent.

1.11. The contract will be concluded in English.

1.12. The details of your specific contract, which we ask you to print for your records, are held on our secure server. If Special Conditions apply, it is recommended that you print or save the relevant web page for your records.

1.13. Handel House reserves the right to cancel an accepted order within seven days of the date of the Order Confirmation email. For example, we may have to cancel for stock supply reasons or because one or more of the goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In the event of such cancellation, Handel House shall refund all sums paid by you.

2. Price and payment

2.1. All payments will be in £ (pound) sterling inclusive of VAT and other UK Taxes where applicable and will be required to be paid in advance of delivery / performance of the goods.

2.2. Although we take reasonable care to ensure that the prices set out on the relevant web pages for the goods are correct we cannot confirm the price of the goods until your offer has been accepted (i.e. we send an order confirmation email).

2.3. All orders are encrypted so that they cannot be read as they travel over the Internet. The secure server software used by Handel House online shop encrypts all your personal information, including credit card details, name, and address. A small padlock icon should be visible in the bottom right hand corner of your screen when using the site. This is your guarantee that your actions are safe.

3. Delivery charges

Handel House shall deliver the goods ordered to the delivery address which you supply. Where more than one item has been ordered, they may be despatched separately. Handel House will charge for postage and packing based on the amount you spend (see “Delivery charges”). This amount will appear on the confirm order page before you place the order.

4. Despatch of goods

4.1. If Handel House accepts your offer, it will use all reasonable endeavours to prepare and despatch the goods within the time scales set out in the appropriate Special Conditions or if not stated within 30 days beginning the day after the day you sent your order to Handel House (“the Period for Performance”). Please note that, as different items may be supplied from different departments, despatch and delivery times may vary.

4.2. Delivery will be made by Royal Mail in the UK or otherwise by air mail and Handel House cannot be held responsible for any delay caused by or resulting from the actions of the external carrier or for any other reason outside the control of Handel House. Where Handel House is unable to deliver the goods for reasons beyond its control you acknowledge this and agree to permit a further reasonable time for delivery.

4.3. Subject to clause 4.4 below, where Handel House is unable to deliver the goods within the Period for Performance for stock supply or other reasons within its control Handel House will inform you and, where possible, propose a revised delivery/performance date. If you do not agree to the revised delivery / performance date Handel House will reimburse any sum paid as soon as possible and in any event within 30 days beginning with the day after the day on which the Period for Performance expired.

4.4. Where Handel House is unable to supply the goods ordered by you, Handel House may offer to supply you with alternative goods of equivalent quality and price. If you choose to accept the alternative goods the right to reimbursement under clause 4.3 will not apply. However, if you choose not to accept the alternative goods the costs of returning them would be met by Handel House.

5. Tracking orders

You can track progress of your order (view the current status of your orders, link to Handel House online shop website). In all enquiries you should quote the order reference allocated to your original order. You will need your personal registration details to view the status of your order online.

6. Defective or damaged goods and goods lost in transit

6.1. In the event that your goods do not match the description given on the website, or are not of satisfactory quality or are not fit for the purpose at the time of sale we will provide a full refund, provided you notify us within a reasonable time, or at your request we will repair or replace the goods as an alternative to a refund, provided the costs involved are not disproportionate. We confirm that we will comply at all times with your rights under the Sale of Goods Act 1979 as amended

6.2. Handel House will refund reasonable delivery charges incurred in returning the incorrectly described, defective or damaged goods in question.

6.3. Handel House will replace at no extra cost any goods which are lost in transit and which Handel House is satisfied are lost provided that you notify Handel House at the contact address specified on your Order Confirmation email within 30 days of the original order being placed.

7. Cancellation of supply of goods contract and return of goods

7.1. Subject to clause 7.2 below you have the right to cancel an order for the supply of goods at any time from the day on which the contract is concluded (i.e. the Order Confirmation email is sent) until the expiry of the period of seven “working days” (beginning with the day after the day on which you receive the goods), by giving written notice of cancellation to the person specified on the Order Confirmation email. The notice of cancellation can be given in any of the following ways:

(a) by hand delivering the notice to the address set out on the Order Confirmation email;
(b) by sending the notice by post to the address set out on the Order Confirmation email;
(c) by sending the notice by facsimile to the number stated on the Order Confirmation email;
(d) by sending the notice by email to the email address stated on the Order Confirmation email.

7.2. Unless the Special Conditions provide otherwise or the goods are incorrectly described or faulty, the right to cancel the contract will NOT apply in the following cases:-

(a) if audio or video recordings or computer software are unsealed;
(b) if goods have been made to your specification or are clearly personalised or which by reason of their nature cannot be returned;
(c) if digital items (e.g. digital images) have been downloaded;
(d) tickets (e.g. tickets for a Thursday Live Recital).

7.3. If you cancel the contract once the goods have been despatched, you must return the goods to Handel House at the address stated on the Order Confirmation email at your own expense except in the case of any substitute goods offered by us but not accepted by you which will be returned at Handel House’s expense or in the case of goods which are incorrectly described or found to be damaged or defective. Prior to cancellation you shall be under a duty to keep the goods and take reasonable care of them. On returning the goods you should take reasonable care to ensure that the goods are received by Handel House and are not damaged in transit.

7.4. If Handel House has to recover the goods from you on cancellation or you return them at Handel House’s expense, we reserve the right to deduct direct costs and charges from any refund due to you.

7.5. Subject to any deductions made in accordance with clause 7.4 you will be entitled to a full refund provided that the goods are returned in their original condition and with their original packaging.

7.6 Handel House reserves the right to deduct a percentage of the refund value of the returned goods if the condition of the goods requires a reduction in the resale price.

7.7 Handel House will reimburse you as soon as relevant financial processes allow and in any event within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

8. Fraud

If you discover that goods have been ordered using your payment card by someone not authorised to do so you should:

(i) inform your payment card provider, the Police and Handel House of the unauthorised purchase as soon as you discover it; and
(ii) co-operate with your payment card provider, the Police and Handel House in relation to the unauthorised use.

9. Liability and events beyond Handel House’s control

Neither you nor Handel House shall be liable to the other in respect of loss damage or delay or any failure to deliver if the cause of such loss etc., shall arise from any act of government or other competent authority or any public utility or external, postal, or courier services or Internet Service Provider, flood, storm, tempest or other freak of nature, riot, civil or commotion, action of hostile foreign state (whether or not a formal declaration of war has been made given or received) fire, explosion, malicious damage, act of God or other force majeure occurrence which could not have been avoided or mitigated by the application of due diligence or foresight.

10. Jurisdiction

This Agreement is made in London England and shall be governed by and construed in accordance with the Laws of England and Wales and shall be subject to the jurisdiction of the English Courts.

11. Severance

If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.

12. Variation

No variation in any of the terms of these Conditions shall be effective unless agreed in writing by Handel House’s legal representative.

13. Miscellaneous

13.1. You will protect Handel House’s copyright and all other intellectual property rights in the goods while they remain in your care and control.

13.2. If you sell or transfer any of the goods purchased you will notify any subsequent owner of Handel House’s rights in the goods.

14. Copyright

14.1. All website design, text, graphics software source codes and design rights and the selection of images etc on the website or the arrangement thereof are the copyright of Handel House. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with or providing information to Handel House. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution or re-publication) is strictly prohibited.

14.2. Copyright and first publication rights including all other intellectual property rights in all images displayed shall vest in Handel House or the acknowledged copyright owner.

14.3. Reproduction of any image is strictly prohibited unless authorised in writing by Handel House.

15. Complaints

In the unfortunate event that you wish to raise a complaint in relation to the online shop, please write to:

Customer Complaints
Administrator
Handel House
25 Brook Street
London W1K 4HB

Email Front of House Officer.

For any other matter in connection with the rest of Handel House website, please write to:

Web Complaints
Communications Officer
Handel House
25 Brook Street
London W1K 4HB

Email Communications Officer.

Your statutory rights

Various Acts of Parliament and Regulations provide legal protection to “consumers” who purchase goods.

Faulty goods

The Sale of Goods Act 1979 as amended / supplemented by other Acts and regulations gives a consumer certain rights in the event that the goods purchased do not match their description, or are not of satisfactory quality or are not fit for the purpose.

Right to cancel goods under the distance selling regulations

Under the Distance Selling Regulations 2000, unless one of the exceptions applies, you have a cooling off period (seven working days) during which you are entitled to cancel your purchase if for any reason you decide you no longer want the goods you have purchased at a distance (i.e. without face to face contact, such as from a website). This is an additional right and does not affect your other statutory rights to reject faulty goods (described briefly above).

More information

This is only a very brief summary of some of the rights of consumers and should not be relied on as legal advice.

For more information on your Statutory Rights please visit:

• The Office of Fair Trading website
• The Department of Trade and Industry’s Consumer Direct (Useful Fact Sheets and FAQ are available at the Consumer Direct website.)

If you require further advice contact your local Citizens Advice Bureau or Trading Standards Department.