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T's & C's

 

 

  1. General
    1. The owner of this web site is Flexifoil International Limited whose address is Flexifoil International Limited, Dorset House, Regent Park, 297-299 Kingston Road , Leatherhead KT22 7PL (‘Flexifoil’/‘we’ /‘us’/‘our’). Registration number 2709479.
    2. Your contract for purchases made through the Site is with Flexifoil, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
    3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
    4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
    5. No contract for the sale of any product will subsist between you and Flexifoil until Flexifoil dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Flexifoil of your offer to buy goods from Flexifoil or a third party supplier that is engaged on your behalf by Flexifoil (whether or not you receive that e-mail).
    6. You agree that e-mail can be used as a long-distance means of communication.
    7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
    8. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
    9. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
    10. You undertake that all details you provide to Flexifoil for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
    11. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
    12. If there are any changes to the details supplied by you it is your responsibility to inform Flexifoil as soon as possible.
    13. Registered users are permitted to post reviews on products provided that they comply with our Customer Review Guidelines (which can be found here).
    14. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to other Flexifoil sites and publications.
    15. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
    16. You grant Flexifoil and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

  2. Refunds, Exchanges and Cancellations
    1. Flexifoil operates a ’30 Day Returns Policy’ on any orders placed on the Site. In practice this means that you have 30 days from the day that you place your order to consider your purchase. If you decide to cancel the order, request a refund or exchange the product, you must:
      1. send notice of your desire to cancel the order, request a refund or make an exchange by email to sales@flexifoil.com ensuring that you quote your name, address and order reference number; then
      2. re-package the product in its entirety and send in full to Flexifoil at the following address:
        Flexifoil International (Product Returns)
        Bray Solutions, Suite 1, Lake View
        Kings Cliffe Road
        Peterborough
        PE8 6PB
        United Kingdom
    2. Under our returns policy, Flexifoil gives you the option to evaluate your purchase during the 30 day period to the full extent of your ability. In practice this means that you may test the product by using it and if you are still unhappy you have the option to return it, provided that you fulfil the returns process as detailed in clause 2.1, except in the case that the item has broken. In this event Flexifoil requires that you send us all of the pieces of your product (within reason) and inform us by email to sales@flexifoil.com. By failing to inform us in writing, or by failing to send us all appropriate parts of the good being returned, you agree to waive your right to a refund at Flexifoil’s discretion.
    3. In the event that you wish to exchange your product, you may do so for any like item at the same retail value. In practice this means you may change size and colour of clothing, or exchange hardware (kites, boards, accessories etc) for an alternative colour, as long as the replacement is in stock. Should you still be unhappy with your purchase, you may return the good for a full refund within the 30 day period from your original purchase. You may choose to upgrade your product (e.g. to a larger kite size), in which event you should contact Flexifoil directly by phone or email to sales@flexifoil.com and talk to a representative.
    4. In the event that you send any packages to Flexifoil, we recommend that you take out postage insurance and retain the proof of postage. Flexifoil will not accept any responsibility for any goods lost in transit.
    5. We do not accept cancellations, refunds or exchanges by telephone; however we encourage you to call if you have any questions or queries.
    6. Once Flexifoil receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Flexifoil from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Flexifoil in the condition that they were in when delivered to you along with their original packaging. You will be liable for any charges incurred in returning the goods to Flexifoil.In the event that you do not return the goods, we will charge you for the collection of the good, or if it cannot be recovered, the replacement of the good at full retail value. This does not affect your statutory rights.
    7. Your statutory rights are not affected by any of the terms and conditions stated herein.

  3. Liability
    1. This section applies only to the extent permitted by law. For the avoidance of doubt, Flexifoil do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Flexifoil’s negligence or wilful default, or that of Flexifoil's employees, agents or subcontractors or (b) fraudulent misrepresentation.
    2. Flexifoil does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
    3. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
    4. Flexifoil will do its best to correct errors and omissions as quickly as practicable after being notified of them.
    5. TO THE FULLEST EXTENT PERMITTED BY LAW, FLEXIFOIL IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FLEXIFOIL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
    6. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Flexifoil shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Flexifoil of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
    7. You and Flexifoil will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
    8. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Flexifoil do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Flexifoil.
    9. All electrical products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact Flexifoil and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre.
    10. In order to give customers increased confidence and protection Flexifoil is now using the MasterCard® SecureCode™ and the Verified by Visa (VbV) security programme from Visa. These systems enable you to use an additional security password when you make payments by Visa or MasterCard online. For further detail please visit either the MasterCard website or Visa website. Alternatively, please phone your bank for more information and assistance.

  4. Processing of orders
    1. Credit and Debit cards are debited on the day of shipping for all orders placed before 12pm by Flexifoil. For orders placed after 12pm, the day of shipping may be the day after the card is charged, depending upon the collection time of the courier. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.
    2. Flexifoil aims to arrange shipment of all ‘ in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Flexifoil are not able to supply dates our suppliers may get an item in stock.

  5. Delivery/title/risk
    1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
    2. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Flexifoil advises each customer to contact their local customs office for further information.
    3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
    4. For Christmas Deliveries, we recommend that you order by the 10th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
    5. Flexifoil reserves the right to cancel or refuse orders where the delivery address is either that of a 3rd party mail-distribution company or a PO Box address. We may choose to do this at our own discretion and on an individual case-by-case basis.
      1. In the event that you place an order meeting either of these conditions and Flexifoil chooses to cancel your order you will be notified via email and your card will be refunded.

  6. Gift Vouchers
    1. These conditions apply to gift vouchers which have been purchased from Flexifoil and have a claim code with a 12 digit combination of letters and numbers.
    2. Gift vouchers can be redeemed with Flexifoil on any purchase made in GBP sterling only. 
    3. If the value of an order exceeds the value of the voucher the balance must be paid by either credit/debit cart.
    4. If the full amount of the voucher is not redeemed ‘Change’ will not be given. However, any remaining balance will be available to use against future orders until the expiry date of the voucher.
    5. Gift vouchers cannot be used to buy further gift vouchers.
    6. Gift vouchers cannot be used in conjunction with a discount voucher.
    7. Gift Vouchers and unused portions expire two years from the date of issue of the original Gift voucher.
    8. Gift vouchers have a cash redemption value of 0.001p and are not transferable or assignable.
    9. Normal Flexifoil terms and conditions of purchase and for using the Flexifoil website apply.

  7. Miscellaneous
    1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
    2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
    3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
    4. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
    5. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
    6. Subject to the licence granted to you to use the Site, Flexifoil reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Flexifoil and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in Flexifoil and its affiliates, as appropriate.
    7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Flexifoil tracks the electronic ‘fingerprints’ of every order placed on the Site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
    8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
      1. you fail to make any payment to us when due;
      2. you breach the terms of this Agreement (repeatedly or otherwise);
      3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
      4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
    9. Flexifoil may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Flexifoil’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
    10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Flexifoil and you relating to your purchase. Flexifoil advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Flexifoil. We will store a copy of the contract entered into by you with Flexifoil. You are advised to read (and are responsible for reading) fully all information on this website.
    11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
    12. Flexifoil recognizes its responsibility to ensure that its clothing suppliers are operating ethically. Flexifoil expects that employees engaged in the manufacture of the clothing products sold on its site will have willingly chosen their employment, will be above the minimum age for that employment, and will have reasonable working hours and rates of pay. Indeed Flexifoil expects any relevant national employment regulations to be observed, and will not knowingly enter into a contract with a supplier who does not adhere to these same principles. Flexifoil cannot however make any guarantees concerning supplier practices as these are not directly within our control.
    13. Any interpretation of laws, legislation and regulations on the Site has been included in order to offer simplicity and ease of use to you and does not under any circumstance constitute legal advice.