WELCOME TO THE TERMS AND CONDITIONS FOR THE USE OF FLAREBRANDS LIMITED’S WEBSITE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.flarebrands.com . BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THIS WEBSITE.
The www.flarebrands.com website is operated by FlareBrands Limited, a company registered in England and Wales, whose registered office is at 82 St John Street, London EC1M 4JN, United Kingdom.
Our company registration number is 05101083.
Our UK VAT registration number is GB 836 1219 39.
Our contact details are as follows:
UK trading address:
FlareBrands Limited
The Dial House
Rectory Hill
Cranford NN14 4AH
United Kingdom
General email: sales@flarebrands.com
Telephone number: Our physical office is now in Phnom Penh, Cambodia, so the best way to reach Dave or Robert is via email: dave@flarebrands.com or robert@flarebrands.com
Cambodia trading address:
FlareBrands Limited
402D Monivong Boulevard
Phnom Penh
Cambodia
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or,
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3. PRICING, PAYMENT AND DELIVERY AND PAYMENT
3.1 All prices include Value Added Tax (VAT) where applicable at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 VAT is calculated for all sales contracted within or delivered within the European Union (EU). Orders that are shipped outside the EU are not subject to VAT. Please note that any orders to destinations outside the EU may be subject to import taxes or other duties as levied by the authorities in those countries. It is the explicit responsibility of the customer to pay these import taxes or duties.
3.3 We charge separately for carriage and other relevant charges, and the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.4 Our prices are reviewed periodically and the next review will be on 30/04/2012.
Payment Methods
We are pleased to accept most UK and international credit and debit cards. You can use Visa, Mastercard, JCB, Maestro, Switch/Solo, Electron, and Delta cards on this site. We do not accept American Express or Diners Club. Payments are currently converted into British Pounds Sterling.
Am I Shopping Securely?
Yes you are. All financial transactions are processed through our payment service provider, SECPay/PayPoint, which uses secure socket layer (SSL) technology to ensure that your financial details are safe for all transactions. All of the financial information you provide is fully encrypted so that it cannot be read by any third parties.
Please note that FlareBrands Limited’s website does not use SSL technology. This means that the delivery address that you provide to us is not done in a secure environment and could be seen by someone else. However, and to reiterate, all of your financial information is processed through SECPay/PayPoint and is absolutely secure.
To check that SECPay/PayPoint operates a secure environment, you can do the following:
Internet Explorer users: View Menu, select 'Internet Options', click on 'Advanced' and check the SSL2 and SSL3 boxes. Your browser will confirm that you are shopping in a secure environment by showing either the image of a key or a ‘locked padlock’ icon in the bar at the bottom of the screen.)
Mozilla Firefox users: Click on the padlock on the bottom right hand side of your screen. This will display the security certificate, which you can then check is valid.
Netscape users: click the 'security' icon on the tool bar and check the SSL2 and SSL3 boxes.
Delivery
UK (MAINLAND) AND NORTHERN IRELAND CUSTOMERS
We aim to deliver your purchases within three working days, and will do our best to better that. Please do allow up to twice that for busier periods, such as during the approach to Christmas.
If we can’t achieve this, we will contact you and let you know the reason, as well as the date that you can expect your purchase. If for some reason we are out of stock of FlareSafe, we will let you know this. Naturally you have the option to cancel your purchase.
We use Royal Mail Special Delivery® for deliveries to the UK mainland and Northern Ireland. In the interests of transparency, please note that we DO pass on the delivery cost to you. This cost will be reflected in your shopping basket before check-out.
Royal Mail Special Delivery® charges around £4.75 to deliver a single FlareSafe unit. Please note that we do NOT make any money out of this – we purely pass on the cost that we incur on your behalf.
Note that if you order more than one FlareSafe unit, you will need to pay a higher delivery charge. However the charge will be lower than simply multiplying the delivery charge by the number of units. You will see the actual charge before you pay.
Royal Mail Special Delivery® is a signed-for service, so somebody will need to be present to sign for your purchase. We will happily deliver to your workplace, if you would prefer.
If no-one is present when the courier calls, they will leave a card and you will need to call them to arrange a delivery time.
Royal Mail Special Delivery® has an online tracking service. We will send you the tracking number once your order has been sent so that you can track it online yourself.
You are welcome to email sales@flarebrands.com at any time to determine the status of your order.
ALL OTHER CUSTOMERS
We currently use DHL Air Express® to deliver all orders outside Mainland UK and Northern Ireland. This cost will be reflected in your shopping basket before check-out. Please note that we do NOT make any money out of this – we purely pass on the cost that we incur on your behalf.
All orders outside mainland UK are charged for at the following rates (for a single FlareSafe unit purchased):
Zone 1 (The EU): £17.95.
Zone 2 (the rest of Europe): £20.35.
Zone 3 (Rest of the World (including the USA and Canada): £24.30.
The correct Zone will automatically be calculated when you fill in your delivery address. Note that if you order more than one FlareSafe unit, you will need to pay a higher delivery charge. However the charge will be lower than simply multiplying the delivery charge by the number of units. You will see the actual charge before you pay.
DHL Air Express® is a signed-for service, so somebody will need to be present to sign for your purchase. We will happily deliver to your workplace, if you would prefer.
If no-one is present when the courier calls, they will leave a card and you will need to call them to arrange a delivery time.
DHL Air Express® has an online tracking service. We will send you the tracking number once your order has been sent so that you can track it online yourself.
You are welcome to email sales@flarebrands.com at any time to determine the status of your order.
4. COOLING OFF, AND CANCELLATION/RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@flarebrands.com before we have dispatched the goods to you, and by including the word CANCEL in the email subject line; or,
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of delivery for a full refund or exchange. Unless the goods are faulty, the costs of returning goods to us shall be borne by you. The address to which you must return the goods is the trading address: FlareBrands Limited, The Dial House, Rectory Hill, Cranford NN14 4AH, United Kingdom.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. We will carry out this refund within 30 days of receiving the goods back in good order.
4.4 When you return the goods, you must enclose a covering letter that lists your name, address, order number, and reason for return, as well as whether you require the item to be refunded or replaced. Please use Recorded Delivery for returns, because proof of shipping is not proof of receipt.
4.5 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
(a) in the event that the product has been used without reasonable care.
(b) in the event that the product is not returned in its original packaging with all supplied items, specifically the batteries, the lanyard and the instruction leaflet.
4.6 The provisions of this clause 4.5 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy (see Privacy Policy), any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the FlareBrands Limited logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any FlareBrands Limited trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.flarebrands.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.