Who are we?
This is the privacy policy of Brian Moores Ltd, a parcel/freight collection & delivery business. Our main registered address is:
27 Old Gloucester Street
London
WC1N 3AX
As the data controller, we are responsible for your personal data.
This privacy policy supersedes all previous versions and is effective from the date of publication.
Who Does this Privacy Policy Apply to?
This privacy policy applies to:
– Employees of Brian Moores Ltd
– Sub-Contractors of Brian Moores Ltd
– Customers
– Prospective customers
– Individuals using our websites
– Former customers
– Nominated users or individuals acting under a power of attorney
Our services are not intended for children, and we do not knowingly collect or process personal data relating to individuals under 18 years old. It is important that the personal data we hold about you is accurate and current. Please update your account details to keep us informed of any changes.
What Information Do We Collect?
We collect various categories of personal data to provide our services, including:
– Identity Data: First name, last name, title
– Recipient Identity Data: First name, last name, title, delivery address, email address, mobile number
– Contact Details: Correspondence/billing address, email address, landline and mobile phone numbers
– Financial Data: Payment card information (stored by our payment provider)
– Transaction Data: Services purchased, net revenue spent, claims made/paid/rejected, payment details
– Technical Data: IP address, login data, browser type and version, location, device information
– Profile Data: Account username and password, interests, preferences, feedback, survey responses
– Marketing and Communications Data: Preferences for receiving marketing communications
How Do We Collect Information?
Information You Give Us:
– When placing an order
– When contacting us about services
– During surveys or job applications
Information We Automatically Collect:
– Through service usage
– Via our website and mobile applications (using cookies and similar technologies)
Information We Receive from Other Sources:
– From companies contracted to provide services
– Marketing or market research organizations
– Credit reference or fraud prevention agencies
– Recruitment companies
How Do We Use Information?
We use the information collected to:
– Verify your identity
– Process enquiries, orders, and applications
– Conduct credit checks and manage accounts
– Monitor and improve customer service
– Provide information about other services and products
– Inform you about changes to our services or terms
– Perform marketing analysis and personalize services
– Send marketing communications (with your consent or based on legitimate interest)
– Administer prize draws or competitions
– Recover monies owed for our services
– Analyse and improve our services
– Prevent or detect crime, fraud, or misuse of our website
– Monitor network traffic for backup and problem-solving purposes
We may also use your data for other purposes with your consent or as required by law.
Who Will We Share Your Data With?
– Third-party suppliers helping us deliver our services
– Professional advisors
– Law enforcement agencies
– Companies involved in business transactions
Third parties must comply with UK data protection laws and our instructions to protect your data.
Protecting Information
We take data protection seriously, using organizational and technical measures to safeguard your data. However, we cannot guarantee the security of data transmitted via the internet.
Why Do We Process Your Data?
We process data to fulfil our contract with you, pursue legitimate business interests, comply with legal obligations, or with your consent. If you do not provide necessary data, we may not be able to offer our services.
Transfers of Data Outside the UK
When transferring data outside the UK, we ensure adequate protection through contracts and compliance with UK data protection laws.
How Long Do We Hold Your Information?
We retain your data as long as necessary for the purposes collected, considering the nature and sensitivity of the data, potential risks, and legal requirements.
Your Rights
You have the right to:
– Access personal data we hold
– Request data erasure (right to be forgotten)
– Correct your personal data
– Withdraw consent for data processing
– Object to or restrict data processing
– Receive your data in a machine-readable format (right to port)
Complaints
If you have a complaint about our data use, contact our Data Protection Officer. If unresolved, you can contact the Information Commissioner’s Office (ICO) at www.ico.org.uk. We prefer to address your concerns first, so please contact us initially.
Policy Updates
We may update this privacy policy from time to time, with the revised policy posted on this page.
The Late Payment of Commercial Debts (Interest) Act 1998 is the primary legislation in the UK governing late payments in commercial transactions. Here are the key details:
Purpose:
To encourage prompt payment of debts and provide creditors with a statutory right to claim interest and compensation on overdue payments.
Key Provisions:
Statutory Interest:
Creditors can charge statutory interest on overdue invoices. The rate is 8% above the Bank of England base rate.
Interest starts accruing the day after the payment due date.
Payment Terms:
If no payment terms are specified in the contract, the default period is 30 days from the later of:
The date the invoice is received.
The date the goods or services are delivered.
Reasonable Timeframe:
If a payment period longer than 60 days is agreed upon, it must be fair to both parties and explicitly stated in the contract.
Compensation for Debt:
Recovery Costs:
Creditors are entitled to claim fixed sums depending on the amount of the debt:
£40 for debts up to £999.99.
£70 for debts between £1,000 and £9,999.99.
£100 for debts of £10,000 or more.
Creditors can also claim reasonable costs for recovering the debt if they exceed the fixed sum.
Challenging Payment Terms:
Unfair payment terms can be challenged under the Act. A term that grossly deviates from good commercial practice and is contrary to good faith can be deemed unfair.
Public Authorities:
Public authorities are generally required to pay invoices within 30 days.
Practical Application:
Interest Calculation
Example:
If an invoice of £1,000 is 30 days late and the Bank of England base rate is 0.5%, the statutory interest rate would be 8.5% per annum.
The daily interest would be £1,000 x 0.085 / 365 = £0.23.
For 30 days, the interest would be 30 x £0.23 = £6.90.
Compensation Claim Example:
For a debt of £2,000, the creditor can claim a fixed sum of £70 plus any additional reasonable costs incurred in recovering the debt.
Enforcement:
The Act allows businesses to enforce their right to interest and compensation through the courts if necessary.
For more detailed information and practical advice, you can refer to the official UK government website: GOV.UK – Late commercial payments.
Legal
All business undertaken is subject to our Conditions of Trading, which outline our liabilities and credit terms. Here are the key points:
Liability for Loss or Damage: Our liability is limited to £15.00 per kg up to 1,000 kg per consignment. This liability is excluded in certain circumstances. Different limits may apply for journeys outside the British Isles.
Exclusion of Indirect Losses: We are not responsible for loss of profit, loss of a particular opportunity, market or customer, or any other indirect or consequential damage or loss.
Payment Terms: For account customers, payment is due no later than 30 days after the date of the invoice.
Late Payment: We will exercise our statutory right to interest and compensation for debt recovery costs under late payment legislation if we are not paid according to our credit terms.
Definitions:
For Brian Moores Ltd.
Goods:
Any documents or tangible items, including containers and packaging, consigned by the Customer.
Customer:
Any individual, firm, corporation, or association consigning Goods, including their servants or agents.
Territorial Limits:
Includes England, Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man, and Eire.
Scope:
All business, including advice and services, is subject to these Conditions. Any objection to these Conditions must be in writing and accepted by a Director or General Manager of the Carrier.
Authority:
Employees and agents cannot alter these Conditions. Only written variations by a General Manager or Director are valid.
Promotional Material:
In case of conflict, these Conditions prevail over promotional materials.
Discretion to Decline:
The Carrier may decline services at its discretion.
Subcontracting:
The Carrier may subcontract any part of its business. References to the Carrier include its employees, agents, and subcontractors.
Ownership Warranty:
The Customer warrants ownership or authority to consign Goods and accepts these Conditions on behalf of all interested parties.
Packing and Labelling:
The Customer ensures the consignment is properly packed, labelled, and compliant with regulations.
Prohibited Items:
The Customer warrants the Goods do not include prohibited items such as weapons, ammunition, or hazardous materials. The Customer is liable for any breach and related consequences.
Discretion on Handling:
The Carrier has discretion in handling, storage, and transportation of Goods unless otherwise instructed in writing.
Quotations:
Quotations are valid for seven days unless withdrawn or varied. Instructions constitute a binding contract once accepted by the Carrier.
Payment Terms:
Invoices are payable within 30 days. Late payments incur interest and charges under The Late Payment of Commercial Debts (Interest) Act 1998.
Special Arrangements:
The Carrier will not handle certain items without special arrangements. The Customer is liable for ensuring the lawful carriage of such items.
Inspection:
The Customer must ensure immediate inspection of Goods upon receipt.
Queries:
Any performance-related queries must be notified within 7 days and quantified within 28 days. Failure to comply results in a waiver of rights.
Liability Exclusions:
The Carrier is not liable for delays or non-performance due to various specified causes including acts of God, war, and strikes.
Delivery:
Delivery is deemed complete when presented to any person appearing authorized to accept on behalf of the addressee.
Non-Delivery:
If delivery is impractical, the Carrier may retain the Goods and attempt delivery later. The Customer reimburses reasonable expenses and additional charges.
Undelivered Goods:
If unclaimed within 28 days, the Carrier may destroy or sell the Goods.
Lien:
The Carrier has a lien on Goods for unpaid charges and may sell them to recover debts.
Employment of Carrier’s Personnel:
The Customer is liable for a fee if it employs the Carrier’s personnel within 12 months.
Telephone Instructions:
The Carrier has no obligation for telephone instructions beyond basic details.
Advice:
The Carrier’s advice is informational without duty of care.
Service Guarantees:
The Carrier may offer guaranteed services with credit for service failures in the form of a credit note.
Liability Limitations:
Liability is limited to £15 per kg up to 1,000 kg per consignment or the cost value/repair cost of the Goods.
For international deliveries, liability is governed by applicable conventions such as CMR and Warsaw Conventions.
Export Documentation: The Customer must provide complete customs documentation and indemnifies the Carrier for related issues.
Reasonableness:
The Customer acknowledges the reasonableness of these Conditions considering the availability of other service suppliers.
Governing Law:
All agreements are governed by English Law, and parties submit to the jurisdiction of English courts.