Terms & Conditions

Overview:

Our terms and conditions are designed to allow our customers to shop securely and with confidence at FLEXI-SPORTS UK. Our terms and conditions are applicable to web sales only. FLEXI-SPORTS UK LTD = (FS). Please see section 17 where you will find our additional E-Book Terms and Conditions.

FLEXI-SPORTS UK HEAD OFFICE
Unit 12
Rectory Farm Workshops
Lime Kiln Lane
Bisley, Glos
GL6 7AS

VAT No.848919565

1 Introduction

1.1 Please read these Terms and Conditions carefully before using the website operated by FLEXI-SPORTS UK Limited (company number 4824598). In particular, we draw your attention to paragraphs 9 (Applicability of online materials) and 13 (Liability).

1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.

1.3 If you do not wish to be bound by these Terms and Conditions then you may not use our website.

2 Nature of our Website

2.1 Our website is a place for you to select and order goods being sold by FS and by FS on behalf of other third party sellers who advertise on our site (all such goods being referred to as ‘the Products’). Details of the Products are, as required by law, shown on our website next to each Product and are sold subject to these Terms and Conditions.

2.2 If goods are to be sold by FS on behalf of other third party sellers you acknowledge that the contract for sale and purchase of Products in these circumstances is between you and the third party's agent for the sale and is subject to these terms and conditions.

2.3 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be over 18 years to purchase the Products, using the payment method displayed on our website.

3 Buying Products on our Website

3.1 To purchasing a Product on our website, browse the Catalogue on the website, clicking on any items that you wish to buy and put them into the shopping cart. When you have finished your selection, click on the “checkout” and you will be asked for a few details that we need to be able to satisfy the order.

3.2 Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in force at the date and time of your order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 4.1). The company reserves the right to alter any prices or specifications at any time without notice and all goods are sold subject to prices ruling at the date of despatch. Subject to the above, customers will be notified if the price to be charged is different from the published price and will be given the option of cancelling their order without penalty.

3.3 VAT: For all orders made from the United Kingdom or the European Union 15% VAT is added.

3.4 You undertake that all details you provide to us for the purpose of purchasing Products will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of all Products you order. We reserve the right to obtain validation of your credit or debit card details.

4 Payment for Products

4.1 You must pay for the Products by Visa, MasterCard or most other credit or debit cards at the time of the order, at which time you will be notified of the current price. If you are shopping from outside the United Kingdom (UK), place your order then your credit card company will convert the transaction into your own currency..

4.2 You may send your credit card information via telephone, fax, post or over the internet. Our fax number is (44) (0)1452 770000.
Our telephone number is:(44) (0)1452 770075

4.3 FS is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation. Most orders take 1 day to process and are shipped within 2 working days. Orders within the UK will normally be received with 1-3 working days. Orders to be delivered to an address outside the UK will normally be received within 3-10 working days.

4.4 If your item is not in stock we will back order for you. You will be e-mailed with the option to cancel your order if you would rather not wait.

4.5 Shipping and handling rates include first class delivery within the UK and International Airmail for orders delivered outside the UK. If you wish to have your order shipped by any other method including FedEx or DHL please contact [email protected] for pricing prior to placing your order.

5 Returning Goods (non faulty)

(Please note this does not apply to e-books, see section 17)

5.1 You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind) as follows: .

5.2 First telephone the office on 01452 770075 within 7 working days of your receipt of goods.

5.3 Secondly: you must notify us in writing: by e-mail to [email protected] or by letter or fax and within 7 days of receipt of goods. Letters should be sent to:
FLEXI-SPORTS UK Ltd, Unit 12 Rectory Farm Workshops, Lime Kiln Lane, Bisley, Glos. GL6 7AS.

5.4 You are required to return the goods to us with their original packaging with proof of purchase. In the event of no available proof of purchase we will attempt to locate the original order through our accounts. When returning faulty goods, if the original packaging is not available, you are required to package the goods carefully. Complimentary items included in the order (where their inclusion had been originally agreed with the customer) must also be included in the return parcel.

5.5 You will be required to return the good via your own methods, alternatively they can be picked up with our courier service. You will be refunded your purchase price minus the cost of returning the non-faulty goods to FLEXI-SPORTS UK. The refund will be made to you as possible, within 30 days.

5.6 If you fail to return the goods to us where a refund has been made, we will charge you for the direct cost of recovery.

6 Returning Faulty Goods

(Please note this does not apply to e-books, see section 17)

6.1 In the first instance we will offer to repair faulty goods. If this is impossible you will be offered a replacement. You should take reasonable care of purchased items whilst they are in your possession. You may return any faulty item you have purchased as follows:

6.2 First telephone the office on 01452 770075.

6.3 Secondly you must notify us in writing: by e-mail to [email protected]. Letters should be sent to: FLEXI-SPORTS UK Ltd, Unit 12 Rectory Farm Workshops, Lime Kiln Lane, Bisley, Glos. GL6 7AS.

6.4 You are then required to return the goods to us with their original packaging with proof of purchase. In the event of no available proof of purchase we will attempt to locate the original order through our accounts. If faulty goods are being returned and the original packaging is not available, you are required to package the goods carefully.

6.5 Upon investigation and agreement of the fault, FS will repay the cost of returning faulty goods to FLEXI-SPORTS UK Ltd, in addition to the original purchase price.

6.6 Goods should be accompanied by your name and contact details, the order number, the date of purchase and a brief description of the fault.

6.7 Complimentary items included in the order (where their inclusion had been originally agreed with the customer) must also be included in the return parcel.

6.8 You will be entitled to a refund which will be made as soon as possible, but within 30 days. Please note that an investigation into faulty goods may take time to complete, however we will endeavour to process all investigations within a reasonable timescale.

6.9 If you fail to return the goods to us where a refund has been made, we will charge you for the direct cost of recovery.

Please Note:

If the goods are found to not be faulty, they will be returned to you. FLEXI-SPORTS UK Ltd reserves the right to charge you, subject to the UK Statutory Right of Cancellation, for the costs incurred in dealing with goods that are found not to be faulty.

7 Cancelling an Order

7.1 The customer is entitled to reject delivery of the goods if the goods are already in transit when the order is cancelled with FLEXI-SPORTS UK.

An order must be cancelled as follows:

7.2 First telephone the office on 01452 770075 within 7 working days of your receipt of goods.

7.3 Secondly you must notify us in writing: by e-mail, letter or fax and within 7 days of receipt of goods. Letters should be sent to: FLEXI-SPORTS UK Ltd, Unit 12 Rectory Farm Workshops, Lime Kiln Lane, Bisley, Glos. GL6 7AS.

8 Security

8.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify FS immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

8.2 We know of no documented cases of credit card fraud using our shopping system over the internet. All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. We do not store your credit card details.

9 Applicability on Online Materials

9.1 Personal Use - Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.

9.2 For products that are downloadable, FS (for itself and if appropriate on behalf of the third party seller) grants you a non-exclusive, non-transferable licence to use graphic files, audio files, video files and other software associated with such products. It is your responsibility to ensure that your computer, equipment and software are of sufficient specification to enable you to download any products that you purchase through our website. FS will have successfully tested all such downloadable products but you assume responsibility and should damage be caused to your computer or you be inconvenienced in any other way you and not FS shall assume the entire cost of all damages which may result from any defect. You assume total responsibility and risk for your use of our website, use of all information contained within it and all materials you may download from it.

9.3 Compliance with Law - We have used our best endeavours to ensure that our website complies with English law.

10 Copyright and Monitoring

10.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is FS or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

10.2 You may download material from our website for the sole purpose of placing an order with FS or to use our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and /or software without our prior written consent, except where expressly invited to do so within the site.

11 Linking

11.1 Linked Sites - FS makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from FS and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that FS endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11.2 No Linking to or Extraction of Data or Other Information from FS Site. Any linking to, deep linking to, or extraction from the FS site without the written consent of FS in hard copy with original signature by a director of FS is strictly prohibited.

11.3 Liquidated Damages -Without prejudice to the generality of the foregoing sub-paragraph 11.2 any third party contravening the provisions of sub-paragraph 11.2 shall be liable for liquidated damages to FS for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by FS whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.

12 Availability of our Website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

13 Liability

13.1 Seller’s Warranties - All Products you purchase from our website will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and neither FS nor any third party seller accepts any liability for them other than as stated in section 6. (six). All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an ‘as is’ basis.

13.2 Exclusion of Liability - In relation to the purchase of Products, neither FS nor any third party seller accepts any liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use of performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of FS or our servants, agents or any other person.

13.3 Limit of Liability - If we or a third party seller are liable to you for any reason, such liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

13.4 User’s Responsibilities - You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and it compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13.5 Legal Limitations -The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

14 General

14.1 Alterations - We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

14.2 Entire Agreement - These Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to FS and any Products. You understand that any agreement to order or purchase FS Products from or through our website will be an agreement between you and FS. Any agreement to order or purchase Products of third party sellers will be between you and the third party seller but subject to these terms and conditions with FS acting as agent of the third party seller. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by FS or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these relevant Terms and Conditions, order form and payment method instructions.

14.3 Illegality - If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.

14.4 Jurisdiction - These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

14.5 Causes beyond Control - Neither you nor FS will be held liable for any failure to perform any obligation to the other due to causes beyond your or FS’s respective reasonable control.

14.6 No Waiver - Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

15 Notices

All notices shall be given: to us via e-mail at [email protected] or by post to Unit 12, Rectory Farm Workshops, Lime Kiln Lane, Bisley GL6 7AS; or to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received at the weekend or on a public holiday in place of a receipt) or 3 days after the date of posting.

16 Replacement

These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.

17 E-BOOK TERMS AND CONDITIONS

(Additonal to Terms and Conditions above, except where indicated)

17.1 Please take a few moments to view sample extracts from our e-books on our website www.flexi-bar.co.uk and to read the descriptions prior to ordering. When an order for an e-book is accepted and payment is made, you will be able to access your download via logging in to your FLEXI-SPORTS Account. This concludes our contract with you. Your cancellation rights expire as soon as the transaction has been processed.

17.2 When an order for an e-book is purchased, you are required to tick the box to acknowledge that you have read and accepted our e-book terms and conditions. You will be sent a copy of our terms and conditions when your order is confirmed and payment has been made.

17.3 Please note that the minimum software required to download our e-books is: Adobe PDF. Available on the link: get.adobe.com/reader/

17.4 If you have a problem e.g. with downloading an e-book you can contact us by email, letter, fax or telephone. Email: [email protected] Write to: FLEXI-SPORTS UK Ltd, Unit 12 Rectory Farm Workshops, Lime Kiln Lane, Bisley, Gloucestershire. GL6 7AS, Fax on: 01452 770000, Telephone : 01452 770075.