ESTATE PLANNING FOR THE FIREARMS OWNER
Definitions and interpretation
collectively all information that you submit to Artisan Rifles Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
the General Data Protection Regulation (EU) 2016/679;
Artisan Rifles Limited, or us
Artisan Rifles Limited, a company incorporated in England and Wales with registered number PO Box 619 whose registered office is at DORKING, SURREY, RH4 9LA;
User or you
any third party that accesses the Website and is not either (i) employed by Artisan Rifles Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Artisan Rifles Limited and accessing the Website in connection with the provision of such services; and
the website that you are currently using, www.artisanrifles.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
the singular includes the plural and vice versa;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
For purposes of the applicable Data Protection Laws, Artisan Rifles Limited is the "data controller". This means that Artisan Rifles Limited determines the purposes for which, and the manner in which, your Data is processed.
We may collect the following Data, which includes personal Data, from you:
date of birth;
contact Information such as email addresses and telephone numbers;
How we collect Data
We collect Data in the following ways:
data is given to us by you; and
data is collected automatically.
Data that is given to us by you
Artisan Rifles Limited will collect your Data in a number of ways, for example:
when you contact us through the Website, by telephone, post, e-mail or through any other means;
when you register with us and set up an account to receive our products/services;
when you make payments to us, through this Website or otherwise;
when you elect to receive marketing communications from us;
when you use our services;
Data that is collected automatically
To the extent that you access the Website, we will collect your Data automatically, for example:
we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
Our use of Data
Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
internal record keeping;
improvement of our products / services;
transmission by email of marketing materials that may be of interest to you;
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
We may share your Data with the following groups of people for the following reasons:
our employees, agents and/or professional advisors - in order to carry out our services as requested;
Keeping Data secure
We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: [email protected].
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
You have the following rights in relation to your Data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: [email protected].
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
Changes of business ownership and control
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
03 July 2019
These Terms set out the terms under which Artisan Rifles Limited shall conduct business.
1.1 ‘AR’, ‘us’, ‘we’ and ‘our’ are Artisan Rifles Limited and its Field Operatives (Partners and Representatives) who also act as the Owner’s agent.
1.2 The ‘Owner’, ‘you’, ‘your’, ‘their’ are the Owner of the items.
1.3 ‘items’ are, Gun(s) and or Firearm(s).
1.4 ‘Agreement’ means the signed AR Post Death Agreement.
1.5 ‘Beneficiary’, are your personal representatives.
1.6 Gun status:
(a) ‘Active’ are items that are being paid for as part of a service / the
service provided by Artisan Rifles Limited.
(b) ‘inActive’ are items that are held and no payment is received,
be it that the owner is unknown or the items are for disposal.
(c) ‘Active’ and ‘inActive’ ‘items’ are not insured by AR
1.7 ‘Lien’ means ‘Contractual Lien’ that you are agreeing to by accepting these Terms.
(a) Contractual Lien meaning agreeing to our procedures to recover clause 7. Right to Sell
1.8 ‘List’ means the list of items you submit for us to provide a service to, your Guns, and the list of transfer (Form 11), of your Guns, to transfer ownership as part of the Wishes Pack or should a breach occur or if required as part of another service.
1.9 ‘Owner Unknown’ means that items for service are not registered or the owner's details have been lost or were not provided to us.
1.10 ‘Sale Notice’ means a letter which serves as written notice of our intentions to act to recover funds owed by the Owner.
1.11 You, your, their: are the Owner of the Firearms, together with the personal representatives, successors in ownership.
(a) YOU the ‘trader’, ‘tradesperson’, ‘shop’, ‘trader’, ‘Registered Firearms Dealer’ that uses AR as a supplier or for a third party service to their ‘Trade’ client.
(b) YOUR meaning the ‘Trade’ client, owner, person not in direct contract with AR
(c) clause 14.
2.1 Please ensure that you read these Terms carefully, check that the details within these Terms are complete and accurate before you confirm by signature; any signature pertaining to AR, signed by you, confirms you have agreed with these Terms.
(a) If you think that there is a mistake or require any changes, please contact us;
we will confirm any changes in writing to avoid any confusion.
2.2 We agree to securely store and carefully handle your items.
2.3 Storage of items; AR agrees to store the items on the basis of the Terms in return for payment of the fees described once paid in full.
2.4 You, by agreeing to these Terms are entering into a contractual Lien whereby;
(a) We agree not to sell any of the items unless we have served on you, not
less than 60 (sixty) days prior our Sale Notice.
(b) Any such notice or other communication may only be served by
recorded delivery mail and shall be deemed to be properly served 48 hours
after the envelope containing the notice was posted to the Owner’s service
address with correct postage prepaid.
2.5 items held by AR can only be returned:
(a) to the registered keeper/Owner or person identified in the ‘Letter of Wishes’ as part of our service
(b) No item may be returned or transferred unless a valid, original, UK Shotgun or Firearms Certificate has been presented to AR. A photocopy is not acceptable nor is a European Firearms pass.
2.6 All outstanding accounts must be settled in full before any item can be removed from storage.
2.7 In the event that we are unable to collect payment from you for any reason and your account has been in arrears for 60 (sixty) days or more we will exercise a lien over your items and we may at our discretion exercise our Right to Sell in accordance with clause 7.
2.8 Should we be unable to supply a service through fault of our own you will be
refunded the Service charge (Costs less Admin fee) that is held in our client account in full.
3.1 The Owner represents and warrants to AR that
(a) Information about the Owner and the items is correct.
(b) The Owner is the true Owner of the items and / or is in possession of the
items with the consent of the true Owner and has been authorised by the true
Owner to place the items into our care.
4.1 You may terminate storage in respect of any or all items stored at any time by giving no less than 2 (two) working days’ notice, paying all outstanding charges accrued to the date of collection and by collecting the items from our nominated place of collection.
4.2 We may terminate your storage at any time having given notice to you in writing.
4.3 You must collect the items promptly upon termination of storage as they shall continue to accrue storage charges at the agreed rate from the date of termination / notice period of termination until collection.
4.4 Should you cancel the Wishes Pack or Key Pack, at any time, no refund will be given.
4.5 Should we for some unforeseen circumstance not be able to continue a ‘Key Pack’, or ‘Wishes Pack’ service we will refund the sum received less the administration fee as advertised.
5.1 We may revise these Terms from time to time in the following circumstances:
(a) Any changes in relevant laws and regulatory requirements
(b) Other commercial reasons
5.2 If we revise these Terms we will give you at least 30 (thirty) days written notice
of any changes before they take effect.
6.1 You confirm that you have, or will obtain, adequate insurance from a reputable
insurer for all items stored with AR prior to commencing your storage.
6.2 You acknowledge that it is your responsibility for insurance of the items against
loss, damage or deterioration during the storage period with AR.
6.3 AR does not insure any items.
6.4 You will notify your issuing constabulary and insurer of the changes you have made
with regards to storage of your items with AR.
6.5 items held for transfer as part of the Wishes Pack are not insured by AR.
7. Right to Sell
7.1 If AR are unable to collect payment from you for any reason we will exercise a Lien over your items, we may, at our discretion initiate clause 7.3
7.2 You authorise AR to sell all or any of the items on your behalf (and to pass good
title therein to a purchaser) in the following circumstances:
(a) If any storage charges remain unpaid for more than 60 (sixty) days
after their due date, 30th of the month.
(b) You have failed to collect the items in accordance with the collection date
or within 30 (thirty) days after the relevant storage expiry date.
(c) We have been instructed to sell as detailed in the Wishes Pack.
(d) Any debt not covered by the sale of all items will then be recovered by alternative means.
(e) Any excess of monies realised through the sale will be returned to the Owner at the first available opportunity, a balance notification will be forwarded to your
last known address, it is the Owners responsibility to contact us to claim the balance. Whilst the excess is held NO interest is awarded.
7.3 We will adopt the best method of sale reasonably available in the circumstances,
at fair market value, applying the net proceeds against our outstanding costs and
expenses incurred from any such sale. A balance notification will be forwarded to your
last known address in settlement of all unpaid charges accrued up to the date of sale
and during that period.
8. Your details
8.1 We will use the personal information you provide for the below purposes:
(a) To provide our services.
(b) To process your payment for such services.
(c) To carry out your instructions in accordance with your Wishes Pack.
(d) To inform you about / of similar products or services that we provide;
you may stop receiving these at any time by contacting us.
8.2 We will not give, share or sell your personal data to any other third party.
8.3 It is your responsibility to inform AR, in writing, of any changes to:
(a) Your address or contact details.
(b) Your licence status or any changes to your licence.
(c) Any circumstances that may affect our service to you.
9.1 In return for prompt payment, by you, of the charges set out, we agree to
store your items at a secure location.
9.2 When you complete a pack request, this does not mean AR have accepted
your request. Our acceptance of service will be separately confirmed to you in writing.
If AR are unable to fulfil a requested action, we will inform you of this promptly.
10. Storage Pack
10.1 AR will exercise all reasonable care in storing the items. We are not responsible
for loss of, damage to, maintenance of or deterioration of the condition of the items
whilst they are in storage with AR, other than loss or damage due to the negligence by
us or our operatives.
10.2 The minimum period of storage is 3 (three) days, plus administration fee.
10.3 There is no maximum period of storage and storage can be terminated by either
party in accordance with clause 4. Termination.
10.4 All combinations or keys to cases must be provided to AR before we provide storage:
(a) AR reserve the right to gain entry to any case in storage where this
requirement has not been fulfilled.
(b) AR will not be held responsible for any damages incurred in gaining access
to a locked case.
11. Wishes Pack
11.1 In return for the agreed payment by you, Service charge plus Gun Calculation as set out in the Quotation, paid in advance of service, we agree to carry out the instructions of the Wishes Pack by:
(a) Collecting the items identified
(b) Storing your items at a secure location
(c) Carrying out your predefined request of action; namely your wishes to each
item as identified in the Wishes Pack whilst liaising with the identified Beneficiary.
11.2 There is no maximum period of storage, however, we will suggest 30 (thirty) days shotgun, 90 (ninety) days rifle to fully carry out your instructions.
11.3 If AR is not permitted to provide our service for whatever reason we will not reimburse the costs.
11.4 The Wishes Pack is inclusive of the Key Pack but with the addition of knowledge given to AR on the location of the cabinet at the address given.
11.5 The Key Pack service included allows for QTY 1 (one) dispatch of the keys as part of the key pack service, a further charge of the Key Pack is then due to continue the Wishes Pack.
11.5 Request to sell, fee’s apply, 10% on items sold to the value of less than £600, 15% on greater
12. Key Pack
12.1 We agree to store a second set of your keys and / or access codes at a secure location.
12.2 We will hold these to carry out your instructions by:
(a) Dispatching the keys to you, for whatever reason.
(b) To use the keys as part of the Wishes Pack to gain access to carry out
(c) We will only issue keys and access codes to you or a predefined authorised person.
(d) We do not know the location of your cabinet for this service
(e) The Key Pack service allows for QTY 1 (one) dispatch of the keys as part of the key pack service, a further charge of the Key Pack is then due to continue the service.
(f) We will dispatch your keys in a coded security box, you will be given the code to open once you have confirmed you are in receipt of the security box.
13. Charges & Fees (Costs)
13.1 All prices are subject to VAT at the applicable rate, prices advertised and quoted are inclusive.
13.2 There is an administration fee for storage to be paid up front at point of handover
and you are to pay the number of days due up to the 30th in the handover month;
thereafter payment is invoiced in advance up to the 30th of the forthcoming month.
Should you wish to collect prior to the 30th you will be credited for those days
13.3 You may continue to store your Items with us up to 25 days after the 30th and pay
the balance on collection. That is the only arrears that are permitted.
13.4 Key Pack and Wishes Pack - money held in respect of our services on your behalf will be held in a designated client deposit account and no interest will accrue or will be paid to you.
14. Trade Agreement
14.1 Our agreement is with YOU (the tradesperson/shop/trader/RFD) and not YOUR client should we be used as a subcontracted place of storage or for other services.
14.2 We do not accept any agreement that you have with your client.
14.3 Where inActive items are received, we will attempt to locate the Owners to the best
of our ability for an active period of 90 (ninety) days before initiating clause 7.
14.4 Your items are not insured by us, you remain responsible for checking that your
client complies with our requirements of insurance cover while items are in our service, clause 6.
14.5 items received from YOU that are InActive
(a) AR Forensic Genealogists will work for 90 (ninety) days to locate the owner, after that period we have the right to initiate clause 7. or dispose of the item
(b) Should we sell the item, clause 7.3, the balance notification will be 50% of the sale price
(c) if we locate the owner there is a sum due for this service, 25% ad valorem (minimum £250)
15. Entire Agreement
15.1 This is the only agreement between AR and the other party and supersedes
all other agreements / representations that may have been made at any time.
(a) subject to clause 5, variations are only effective if agreed by both parties