Terms & Conditions
1. These are the terms and conditions (“Conditions”) on which we supply products to you, whether these are goods (the “Goods”) and/or services (the “Services”) (together the “Products”).
2. Please read these terms carefully before you submit your order to the Company. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. The Products are supplied by Flexel International Ltd or any of its subsidiary companies or parent company as the case may be (hereinafter referred to as the “Company”, “we”, “our” or “us”).
4. In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are considered a consumer if:
a. you are an individual; and
b. you are buying products from us wholly or mainly for your own personal use (not for use in connection with your trade, business, craft or profession).
Provisions that are specific to consumers only or business customers only will be clearly marked at the beginning of such clause. If you are a consumer customer who has bought Products online, by email, telephone or fax, we would like, in particular, to draw your attention to clause 71 (short term rights of cancellation).
QUOTATIONS AND OUR CONTRACT WITH YOU
5. The Company may provide you with a quotation for the Products. Such quotations will be valid until the date specified on each quotation and provided it is not withdrawn by the Company prior to this date it remains capable of acceptance by you. No binding contract will come into existence between you and the Company until the Company sends to you notice of acceptance of your order (“Purchase Order”) which has either been signed by the Company’s duly authorised representative or the Company has indicated to you orally or in writing its acceptance of your order.
6. If you place an order with the Company without requesting a quotation from the Company or before such quotation has been provided, all deliveries carried out in satisfaction of such order will be subject to these Conditions.
7. If the Company is unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the Products. This may be because the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference that we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet the delivery deadline you have specified.
8. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
9. You may place orders on our website (for certain items), by post, e-mail, telephone or through our distributor network in their shops.
10. Where orders are sent by post or e-mail by way of confirmation of telephone instructions you will ensure they are clearly marked as such, failing which any additional expense incurred by the Company as a result of duplication of orders will be charged to you.
11. If you require goods from a quality assured source or certificates of conformity you must specify such requirements in writing at the time of placing the order.
12. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, your Products may vary slightly from those images shown.
13. The packaging of our product may also vary from that shown in images on our website.
14. Due to the nature of our product range the company does not generally operate a samples policy for any of our product range, however if a product is not suitable please contact our office to discuss potentially returning the goods to us. Should the request be granted for a sample - any samples submitted to you at your request must be returned to the Company in good condition within ninety (90) days of receipt or such shorter period as the Company may specify. The Company may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.
15. The Company will not be responsible for, and makes no guarantees or warranties in respect of, the compatibility of Products bought from the Company with the compatibility of products not bought from the Company. Please contact us to discuss potential compatibility prior to ordering.
16. This clause 16 applies to business customers only. Buyers wishing to open a credit account are requested to complete and sign an Application for Credit Account form (“Application Form”). The Proprietor(s), Partner(s) or an authorised employee (if a Limited Company), must sign the Application Form. Until an Application Form has been received and a credit account approved in writing, orders will not be accepted until cleared funds have been received. Should you have established sufficient credit facilities with us, subject to clause 47, you will be invoiced immediately and payment of any charges due must be paid no later than thirty (30) days after the date the invoice was issued, unless otherwise agreed by us, in writing, in advance.
17. If the Product(s) are Goods we will deliver them to you as soon as reasonably possible and in any event within thirty (30) days after the date on which we accept your order (unless otherwise agreed in writing).
18. Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated.
19. This clause 19 applies to business customers only. The Company will not be liable for any loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence). If such delay continues for ninety (90) days or more, you will be entitled to terminate or rescind the contract.
20. The costs of delivery and delivery timescales will be as displayed to you on our website or as specified to you at the time of order. Saturdays and Sundays and Bank Holidays are not applicable to any delivery service we offer.
21. If our supply of Products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
22. If you have asked to collect the Products from our premises, you can collect them from us at any time during our working hours of 8am till 5pm on weekdays (excluding public holidays). There is no weekend collection without prior arrangement.
23. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
24. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 79 will apply.
25. If you do not allow us access to your property to perform the Services as arranged (and you do not have good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 79 will apply.
PASSING OF TITLE/RISK
26. A Product which is Goods will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
27. Ownership of the Goods will not pass to you until the Company has received in full (cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to the Company from you on any account.
28. Until ownership of the Goods has passed to you, you must:
a. hold the Goods on a fiduciary basis as the Company’s bailee (i.e. without transfer of ownership of the Goods);
b. store the Goods (at your own cost) separately from all other goods belonging to you or any third party so that they are identifiable as the Company’s property;
c. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
d. maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request you will produce evidence of the policy of insurance to the Company (where applicable); and
e. hold any proceeds of such insurance on trust for the Company separately from any other money, and not pay the proceeds into an overdrawn bank account.
29. If you are a Business Customer, you may resell the Goods before ownership has passed to you provided such sale is:
a. in the ordinary course of your business and you will account to the Company accordingly; and
b. on your own behalf and you deal as principal when making such sale.
30. If the Company cannot determine which goods are the Goods, you will be deemed to have sold all Goods sold by the Company to you in the order in which they were invoiced to you.
31. The Company will be entitled to recover payment for the Goods notwithstanding that ownership of any Goods has not passed from the Company.
SUSPENSION OF SUPPLY IF YOU ARE A BUSINESS
32. We may have to suspend the supply of a Product to:
a. deal with technical problems or make minor technical changes; and
b. update the Product to reflect changes in relevant laws and regulatory requirements.
33. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than ninety (90) days we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than ninety (90) days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
34. We may also suspend the supply of Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.
35. The price of the Product(s) (which excludes VAT) will be the price indicated on the order pages when you placed your order.
36. It is always possible, despite our best efforts, that some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
37. In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the contract price will be adjusted to reflect the additional costs incurred by the Company. Where a price per unit has been quoted and the Buyer requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
VALUE ADDED TAX
38. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
PROMOTIONAL VOUCHER CODES
39. Any future promotional voucher codes for Flexel Product(s) cannot be exchanged for cash.
40. No liability will be accepted for the replacement or refund of lost, stolen or expired promotional voucher codes.
41. Individual promotional voucher codes cannot be used in conjunction with any other offer.
42. Only one promotional voucher code can be used per order.
43. Promotional voucher codes are only redeemable online either at www.flexel.co.uk or on the Flexel Trade website: trade.flexel.co.uk. The promotional voucher code will only be applicable for use at the website stated on it.
44. Promotional codes are not valid on Bundle item Products.
GENERAL PROMOTIONAL TERMS
45. The decisions of the Company in respect of any and all aspects of a promotion will be final and binding.
46. Promotions may not be combined with other programmes or offers from the Company except where stated in the terms and conditions of that promotion.
The Company reserves the right to refuse any application of promotions for any reason whatsoever at our sole discretion.
47. Unless otherwise agreed by the Company in writing, you must pay for the Products in full prior to delivery of the Goods taking place and any Services being commenced. If the Buyer has exceeded any agreed credit terms, we may demand immediate payment of all amounts outstanding from the Buyer to the Company on any account. We reserve the right to withdraw credit at any time and demand immediate payment of all monies outstanding.
48. If you are a business customer you must pay all amounts due to us under these Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If you are a business customer, the Company, at its discretion, shall be entitled to exercise its statutory right to claim interest under the Late Payment of Commercial Debts Regulations 2002, as modified or re-enacted from time to time. The Company may exercise this right, in addition to any other rights it may have in respect of Goods or non-payment.
49. Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment delivery or part will be made as if the same constituted a separate contract. Failure by the Buyer to pay for an instalment in accordance with this clause 49 will entitle the Company without prejudice to its other rights and remedies to suspend further deliveries of Products under any other contract to the Buyer, pending payment by the Buyer.
50. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.
51. If you are a business customer, you will indemnify the Company against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the Company in recovering any amount which is overdue from you to the Company pursuant of the Agreement or otherwise.
52. Any contract will be subject to the Company being satisfied as to the Buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may in its absolute discretion, having informed the Buyer that the Goods are ready for delivery, refrain from delivering the Goods until such time as the Buyer tenders the purchase money to the Company in a form satisfactory to the Company.
MARKETPLACE / RESELLING
53. Products purchased from us, must be received by you prior to them being advertised on your, or any third party, websites.
54. You may not use Flexel’s factory and warehouse as a fulfilment centre for products shown on your or any third party, websites without our consent. All products purchased from your selling-store site(s) must be shipped by you from your location unless otherwise agreed.
55. Your website may not list Flexel’s location or telephone numbers, unless otherwise agreed in advance in writing.
56. You must not advertise or reference yourself as Flexel ‘affiliate’ in any way, unless otherwise agreed in advance in writing.
57. You may not use the Flexel/ Fenix branding or any other Flexel/ Fenix trademarks other than in your, or a third party’s, website’s title or meta tags, nor can you purchase and use keyword phrases including the Flexel or Fenix trademarked names on search engines.
58. You must receive written consent from Flexel’s Marketing Department firstname.lastname@example.org prior to:
a. utilising Flexel/ Fenix branded product images, item descriptions or logos (only images or logos provided by Flexel’s Marketing Team may be used on your website);
b. utilising Flexel/ Fenix data sheets, specification sheets, or any other sales and marketing materials;
c. providing a data feed of Flexel/ Fenix products to any free or pay-per-click comparison shopping sites including but not limited to Nextag, Price Grabber, Shopzilla, Shopping.com, ShopLocal, Pronto, Shop.com, TheFind, Oodle, Shop Saavy, Google Product Search, and Bing Shopping.
59. Any warranty for white-labelled products are the sole responsibility of the reseller and not Flexel. Failure to abide by clauses 53 to 58 inclusive will result in your need to take immediate corrective action and/ or the Company’s inability to sell you any more products.
DAMAGE IN TRANSIT AND SHORTAGES
60. The Company will repair or replace free of charge, Goods damaged in transit provided that the Company and its designated carriers receive written notification of such damage within three (3) working days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such.
61. On receipt Goods should be checked by the Buyer with the advice note enclosed with the Goods. Shortage claims or mispicks will be considered if the Company and its designated carriers receive written notification of any such shortage within three (3) working days of delivery failing which no liability will be admitted. In any such case, the packaging and contents should be retained for inspection.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
62. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
63. We do not exclude or limit in anyway our liability to you where it would be unlawful to do so. Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Products under the Consumer Protection Act 1987.
64. If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
65. If you are a consumer we only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clauses 66 to 68 inclusive.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
66. Nothing in these terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b. fraud or fraudulent misrepresentation;
c. breach of terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
d. defective Products under the Consumer Protection Act 1987; or
e. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
67. Except to the extent expressly stated in clause 66, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
68. Subject to clause 66:
a. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price paid for the Products.
CANCELLATION OF AN ORDER
69. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or a business customer.
70. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming change to the Product or these terms which you do not agree to;
b. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
c. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
d. if you are a business and we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in accordance with clauses 32 and 33, in each case for a period of more than ninety (90) days; or
e. you have a legal right to end the contract because of something we have done wrong.
71. If you are a consumer then for most Products you have bought online, by email, telephone or fax you have a legal right to cancel your order for the Product(s) which ends fourteen (14) days from the day you receive your Goods (“Cooling Off Right”). Any orders cancelled and Goods returned to the Company under this clause 71 will be fully refunded, including the cost of Basic Delivery as advertised on our website at the date of purchase. You do not have to give any reason for your change of mind under this clause 71.
72. Your right as a consumer to change your mind under clause 71 does not apply in respect of:
a. Services, once these have been completed, even if the cancellation period is still running;
b. any Products which become mixed inseparably with other items after their delivery.
73. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of ending your contract.
74. To end the contract with us, please contact us on the details provided in clause 104.
75. If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them, post them back to us at Flexel International Ltd, Telford Road, Glenrothes KY7 4NX or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01592 760929 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the contract.
76. We will pay for the costs of return:
a. if the Products are faulty or incorrectly described; or
b. if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
77. This clause 77 applies in addition to the Cooling Off Rights under clause 71 above and applies to both business customers and consumers. If you are not satisfied with the Products, you may return them within thirty (30) days from date of delivery subject to the Products being in a re-saleable condition. If you wish to return any of the Products after thirty (30) days from delivery, this will be at the sole discretion of the Company and only for Products that are faulty.
78. If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below:
a. If you are exercising the right to change your mind as a consumer we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover that you have handled them in an unacceptable way, you must pay to us an appropriate amount.
b. Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
OUR RIGHT TO END THE CONTRACT
79. We may end the contract for a Product at any time in writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
80. If we end the contract in the situations set out in clause 79 we will refund any money paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.
81. We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least three (3) days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
82. Any Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the company there will be no material replacement. Credit can be issued against a replacement Product.
83. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 01592 760929 or write to us at firstname.lastname@example.org, Flexel International Ltd, Telford Road, Glenrothes KY7 4NX
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
84. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to thirty (30) days: if your goods are faulty, then you can get an immediate refund.
up to six (6) months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six (6) years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 71.
If your product is services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS CUSTOMER
85. If you are a business customer, we warrant that on delivery any Products which are Goods shall:
a. conform in all material respects with their description and any relevant specification; and
b. be free from material defects in design, material and workmanship.
86. Subject to clause 87, if:
a. you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 85;
b. we are given reasonable opportunity of examining such Product; and
c. you return such Product to us at our cost,
we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
87. We shall not be liable for a Product’s failure to comply with the warranty in clause 85 if:
a. you make any further use of such Product after giving a notice in accordance with clause 86;
b. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
c. the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
d. you alter or repair the Product without our written consent; or
e. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
88. Except as provided in clauses 85 to 87 inclusive, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 85.
89. These terms shall apply to any repaired or replacement Products supplied by us under clause 86.
90. It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface with this website, to retrieve content, and or any other data, including prices. It is also prohibited to interfere, or attempt to interfere with the normal working of this website, any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our website, and any automated systems, or persons conducting a unreasonable amount of searches, with an aim to access information and/ or prices will be terminated, and the blocked from our websites. Your use of the website indicates your agreement to be bound by these conditions of use.
91. The Company will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the Company’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
92. Without prejudice to the generality of clause 91 the following will be included as causes beyond the Company’s reasonable control:
a. governmental actions, war, threat of war, national emergency, riot, civil disturbance, sabotage or requisition;
b. act of God, fire, explosion, flood, epidemic, pandemic or accident;
c. import or export regulations or embargoes;
d. labour disputes not including disputes involving the Company’s work-force; or
e. inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
93. We will use the personal information you provide to us:
a. to supply the Products to you;
b. to process your payment for the Products; and
c. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
94. Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
95. We will only give your personal information to other third parties where the law either requires or allows us to do so.
TRANSFER OF THE AGREEMENT
96. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this and we will ensure that the transfer will not affect your rights under the contract.
97. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
RIGHTS OF THIRD PARTIES
98. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
99. Each party shall treat any information relating to the other party and the terms of the Contract as strictly confidential except to the extent that such information can be proved to be within the public domain at the time of disclosure other than as a result of any breach of the contract. Neither party shall disclose such information to any third party without the prior written approval of the party (other than to professional advisers under a duty of confidentiality) nor use it for any purpose except as strictly necessary for the performance of the contract and neither party shall make any announcements relating to the existence of the contract without the express written consent of the other party.
100. Except where provided otherwise, any notice required to be served under the contract shall be in writing and sent by email, or first class mail, at the registered office, or other address notified by the receiving party, and shall be deemed to have been given, if by email during the hours of 0800 – 1700, on the day of valid transmission receipt, or if by first class post, the day following that on which it was posted. Our contact details for notices are set out in clause 104.
101. Unless otherwise agreed by the Company in writing, these conditions will in all respects be construed and operate as an Scottish contract, inconformity with Scottish Law, and the parties submit to the exclusive jurisdiction of the Scottish courts, provided that if you are a consumer you may bring any claims, actions or proceedings in a court of your own jurisdiction (if applicable).
102. Any provision of this contract which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or part) will to the extent of such invalidity, voidance, unenforceability or unreasonableness be deemed severable and the other provisions of this contact and the remainder of such provisions will not be affected.
103. Failure by the Company to enforce or partially enforce any provision of this contract will not be construed as a waiver of any rights under this contract.
104. If you need to contact us, you can get in touch in the following ways:
Telephone: 01592 760928
Address: Flexel International Ltd, Telford Road, Glenrothes KY7 4NX