TERMS AND CONDITIONS OF USE – https://flux-pumps-shop.com
Statutory Rights
None of the information below affects your statutory rights. We are a UK based company and all contracts for the sale of goods entered into by Flux Pumps International Ltd (“the Company”) on https://flux-pumps-shop.com (“the Website”) will be subject to the laws of England and Wales.
Definitions
In these Conditions “the Company” means Flux Pumps International (UK) Limited (company registration number 02029429), “the Website” means https://flux-pumps-shop.com, “the Buyer” means the person, firm or Company with whom the Company contracts, “the Products” means the goods purchased from us, “the Contract” means the sales contract between you and us.
How the Contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process.
After an order is placed, we will confirm our acceptance by sending an order confirmation by e-mail. The Contract between us will only be formed when we send you the despatch confirmation.
If we are unable to supply a product, for example because that product is not in stock, no longer available, because we cannot meet your requested delivery date, or because of an error in the price on our site as referred to below, we will inform you by phone or e-mail and we will not process your order. If you have already paid for the Products, we will refund you in full, including any delivery costs charged, as soon as possible.
Right to cancel an order
Please contact us as soon as possible to notify us of your cancellation request. If your order has already been despatched you will need to either refuse delivery or return the goods. Refunds will be processed within 14 days of receipt of the Product. Goods must be returned before a refund will be processed and the product must be returned in its original packaging and in new, undamaged condition. Refunds will be issued at the sole discretion of the Company. Return postage costs must be borne by the Buyer.
How to cancel an order
Please contact us as soon as possible if you wish to cancel an order. You can do so by writing to us, calling 01202 823304, or send a message to sales@flux-pumps.co.uk. Orders can only be cancelled before processing/despatch has begun.
Once your order has been successfully cancelled and agreed by the Company, any sum debited from your payment card will be re-credited to your account as soon as possible. If cancelled orders are erroneously delivered to you, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
How the Company can cancel this agreement
We reserve the right to cancel the order if:-
- We have insufficient stock to fulfil your order and an alternative is not suitable
- We are unable to obtain payment
- We do not deliver to your area
- A product fault or an error in the product description has been identified
Our right to vary these Terms
Every time you order products from the Website, the terms in force at the time of your order will apply to the contract between you and us.
We may revise these terms as they apply to your order from time to time, to reflect any changes in relevant laws and regulatory requirements.
If we revise these terms as they apply to your order, we will give you reasonable advance notice of the changes and advise how to cancel the Contract (if the changes are not acceptable). You may cancel either in respect of all the affected products, or only the products you have yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Returns
We want you to be happy with your purchase. If you wish to return goods, you can do so to our stores in person, or you can post back to us.
Unwanted goods will be subject to a minimum restocking charge of 15% of sale value, or a minimum charge of £25. The return period is 30 days from date of invoice – after this period, returns will only be accepted at the Companies’ discretion, with prior agreement of the Managing Director.
Unwanted items should be in new condition, with the original packaging, labelling and with a copy of the Order Confirmation. A refund request will usually be actioned within 3 working days from receipt. Please note – for unwanted items, you are responsible for paying all return postage charges.
If you are returning goods that are faulty after inspection, or have been wrongly supplied, return postage charges will be refunded by the Company and the re-stocking fee will not apply.
Delivery & Dispatch
Orders over the value of £50 will be packed and delivered free of charge. Orders below the value of £50 will be subject to a flat rate packing and delivery charge of £15 per order. Note these terms apply only to orders placed through https://flux-pumps-shop.co.uk , delivered to UK mainland address, excluding Scottish Highlands.
Estimated delivery by standard service is 3 days after the date of Despatch Confirmation (the date on which we e-mail you to confirming our acceptance of your order). Occasionally our delivery to you may be affected by an event outside our control.
Orders received before 2pm Monday to Friday will be despatched the same day provided we have your items in stock. Items ordered after 2pm Friday and over a weekend will be despatched on Monday. Deliveries will only be made/attempted on working days. Items ordered over a Bank Holiday will be despatched on the next working day. If we cannot despatch your order due to stock constraints, we will contact you with a revised despatch date.
If we have despatched the Products to our carrier in accordance with our obligations, then we have complied with our obligations. If your order does not arrive within 3 working days, please contact us. We will make every effort to ensure the order is fulfilled. However, we will not be liable for any costs or losses due to the late delivery.
Delivery of an order shall be completed when we deliver the Products to the address provided, or when they are collected from us (or a nominated third party). The Products will be your responsibility from that time.
All orders must be signed for upon receipt and cannot usually be left without a signature. If our carrier is unable to deliver, they will leave a calling card so you can contact them to arrange a mutually convenient delivery time.
International deliveries
Goods can only be delivered to an address in the UK, or territories designated as a British Crown Dependency (BCD) or British Overseas Territory (BOT).
The Company cannot arrange for export of goods to countries outside of the UK, this must be handled by the buyer or their freight forwarding agent. Goods for export cannot be collected from the Company premises without prior agreement. The delivery address shown on the order confirmation, delivery note and invoice must an address in the UK, BCD or BOT. Shipments sent to BCD or BOT locations at Buyers’ request will be sent using DAP Incoterms, unless otherwise agreed. Goods purchased for export must be delivered to a UK address, or an address located in a BCD or BOT. UK VAT will be charged at the applicable rate, except on shipments sent to VAT exempt BCD or BOT locations.
In case of the Buyer arranging collection and carriage of the goods, the risk in respect of the goods will pass to the Buyer when the goods leave the Company’s premises and all goods are consigned at Buyer’s risk. If the buyer arranges collection and carriage of the goods, the delivery address shown on the Flux order confirmation, delivery note and invoice will an address in the UK, BCD or BOT.
Deliveries to Northern Ireland will be shipped using DAP Incoterms, unless otherwise agreed, however this is subject to ongoing review.
Product Display and Selection
We have made every effort to display/describe the Products featured as accurately as possible. The Company cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor’s display of any colour, texture, or detail of merchandise will be accurate / the same as the actual product.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. Please contact us by telephone or e-mail if you require technical advice, or assistance with product selection.
Product Pricing
In the very rare event of a product price discrepancy, you will always be charged the price that is displayed on the checkout page.
We try to ensure that all pricing on the website is accurate, but occasionally an error may occur and goods may be incorrectly priced. If we discover a pricing error, we reserve the right to suspend your order and contact you to ask whether you wish to continue with the order at the correct price. We are not obliged to supply goods at the incorrect price.
Website Errors
We endeavour to present the most recent, most accurate and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
Website Access
This website must not be used for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained within this notice. If you do not accept these Terms and Conditions, you must immediately cease using the Website.
Given the unpredictability of technology and the online environment, the Company does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site (or the server that makes it available) will be free of viruses or other harmful elements. Access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
As a visitor to, and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment employed in connection with your use of our site. In effect, you agree that your access will be subject to these terms and conditions and that such access is undertaken at your own risk. The Company shall not be liable for damages or losses of any kind which you may incur from your use of, or inability to, access this Website.
Changes to Website
The Company reserves the right to change or remove the Website (temporarily or permanently), or any part of it, without notice. You confirm that the Website shall not be liable to you for any such change or removal. Your continued use of the Website following any updates shall be deemed to be your acceptance of such change.
Third Party Links
To provide a greater range of goods, we may provide links to other websites or resources for you to access if you so wish. These third party websites are controlled and maintained by others. You acknowledge and agree that, as you have chosen to click on the link, the Company is not liable in respect of the use of these websites or resources. Any link to another website is not an endorsement of the website and you acknowledge and agree that the Company is not responsible for the content or availability of any such site.
Your Account
If you use the website, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. You agree to accept responsibility for all activities that occur under your account or password. You should let us know immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that your personal details are up-to-date and inform us immediately of any changes to the information that you provided when registering.
The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.
Events outside our control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions, if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Complaints
We operate a complaints handling procedure through which we try to resolve disputes when they first arise: please contact us by phone (01202 823304) or e-mail (sales@flux-pumps.co.uk) if you have a complaint.
VAT
UK VAT will be charged at the applicable rate, except on shipments sent to VAT exempt BCD or BOT locations.
Copyright
All content, including without limitation the Website design, text, graphics, software and source codes connected with the Website, copyright, trade-marks and all other intellectual property rights within the Website, are owned by or licensed to the Company, or otherwise used by the Website as permitted by law.
In accessing the Website, you agree that you will access the content solely for your personal use. No content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal use.
Disclaimers and Limitation of Liability
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, the Company shall not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
The Company makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Website or that of its employees or agents.
Indemnity
You agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website, arising out of any breach by you of these Terms and Conditions or other liabilities arising from your use of this Website.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law & Jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
ALL NOTIFICATIONS TO THE COMPANY SHOULD BE E-MAILED OR SENT BY PRE-PAID FIRST CLASS POST TO:
FLUX PUMPS INTERNATIONAL (UK) LTD.
11, ENTERPRISE PARK,
BLACKMOOR ROAD,
VERWOOD,
DORSET BH31 6YS
Tel: 01202 823304
FLUX PUMPS INTERNATIONAL (UK) LTD – STANDARD TERMS AND CONDITIONS OF SALE
DEFINITIONS
In these Conditions “the Company” means Flux Pumps International (UK) Limited (company registration number 02029429) Ltd. And “the Buyer” means the person, firm or Company with whom the Company contracts.
These Conditions of Sale are expressly incorporated as terms of any orders, which are made and accepted by the Company. Any qualifications or other conditions proposed by the Buyer will not apply to the contract unless expressly endorsed in writing by the Company and the Buyer.
Unless otherwise specified by the Company, product prices are “Ex-Works” and do not include the cost of packing and delivery. Carriage will be charged to the Buyer, the price and details of which shall be agreed with Buyer in advance of delivery and will be stated on our quotation. The freight cost specified includes packing and shipping from our UK warehouse to the delivery address shown. If the delivery address is subsequently amended, or the requested item is required urgently and is not in UK stock at time of order, additional carriage and customs charges may apply. Non-UK stock items sent by parcel service from our warehouse in Germany at customer request may also incur additional charges. Related charges may only be confirmed at time of order.
All goods will be consigned by the method selected by the Company, but so far as possible at the most economic rate (but always being an appropriate method for the goods in question) unless the Buyer expressly gives instructions. In any case, the Company shall use its best endeavours to deliver the goods at the time and date quoted to the Buyer in its acceptance of the order. Title in any goods shall pass to the Buyer on payment by the Buyer and risk in any goods shall pass on completion of delivery when the goods are unloaded at the agreed delivery location. Goods can only be delivered to an address in the UK, or territories designated as a British Crown Dependency (BCD) or British Overseas Territory (BOT).
In case of the Buyer arranging collection and carriage of the goods, the risk in respect of the goods will pass to the Buyer when the goods leave the Company’s premises and all goods are consigned at Buyer’s risk. If the buyer arranges collection and carriage of the goods, the delivery address shown on the Flux order confirmation, delivery note and invoice will an address in the UK, BCD or BOT. Deliveries to Northern Ireland will be shipped using DAP Incoterms, unless otherwise agreed, however this is subject to ongoing review.
Any shortage, damage or theft must be notified to the Company within 3 working days of delivery, failing which no claim can be entertained except as otherwise expressly provided for in these Conditions of Sale. Damage to packing materials (where damage to goods contained within is suspected) must be notified to the carrier and marked on their delivery record at the time of receipt. Notice should also be given to the Company in writing. In the case of breakage, damage or theft in transit, the Company cannot accept consequential loss or responsibility. In the case of breakage or damage, no claim for repair work executed by the Buyer will be accepted without the Company’s prior authorisation. Non-delivery must be notified to the Company within three days of the invoice date or within 3 business days of the intended delivery date agreed between Buyer and Company (whichever is the later).
ALL NOTIFICATIONS TO THE COMPANY SHOULD BE E-MAILED OR SENT BY PRE-PAID FIRST CLASS POST TO:
FLUX PUMPS INTERNATIONAL (UK) LTD.
11, ENTERPRISE PARK,
BLACKMOOR ROAD,
VERWOOD,
DORSET BH31 6YS
Tel: 01202 823304
All packing cases and crates will be charged for at cost where applicable.
5. RETURN OF GOODS
Goods sent in accordance with any order cannot be accepted for return unless the Company agrees in writing to their return (acting reasonably and in good faith) and issues a Goods Return Number, which must be quoted on all documentation with the returned goods. Goods returned will be subject to a minimum restocking charge of 15% of sale value, or £25, whichever is higher. The return period is 30 days from date of invoice – after this period, returns will only be accepted at the Companies’ discretion, with prior agreement of the Managing Director. Products that are altered, manufactured or fabricated to order, designed and manufactured to customer specifications or for unique projects, cannot be accepted for return, unless Company responsibilities set out in paragraph 8 a) below have not been complied with.
6. PRICE AND PAYMENT TERMS
The prices quoted will normally be for a fixed period and will not change after the Company’s written acceptance of the relevant order. Payment will either
(i) be made in advance against pro-forma invoice, or
(ii) made in full within 30/45/60 days (depending on agreed credit terms) from the date which the invoice is issued by the Company (subject to credit status). Unless otherwise agreed in writing by the Company, payment should be made in full within 30 days of invoice date.
In no event shall any invoice be issued until such time as the order has been accepted by the Company and the goods in question have been dispatched.
7. EXPORT
If the buyer is resident in the United Kingdom, goods supplied to him by the Company shall not be exported from the United Kingdom without the prior consent of the Company. If any such goods are exported without such consent, the Company’s guarantee will be cancelled. Goods purchased for export must be delivered to a UK address, or an address located in a BCD or BOT. UK VAT will be charged at the applicable rate, except on shipments sent to VAT exempt BCD or BOT locations.
The Company cannot arrange for export of goods to countries outside of the UK, this must be handled by the buyer or their freight forwarding agent. Goods for export cannot be collected from the Company’s premises without prior agreement. The delivery address shown on the Flux order confirmation, delivery note and invoice will an address in the UK, BCD or BOT. Shipments sent to BCD or BOT locations at Buyers’ request will be sent using DAP Incoterms, unless otherwise agreed.
8. GUARANTEE WARRANTIES AND LIMITATIONS OF LIABILITY
a) The Company represents and warrants that the goods shall
(i) correspond with their description and any applicable specification provided to the Buyer;
(ii) Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Company or made known to the Company by the Customer
(iii) Be free from defects in design, material and workmanship and remain so throughout the period of warranty. The Company will, at its option, repair or replace free of charge any goods supplied by the Company or any part or parts thereof which are shown to the Company’s satisfaction to be not compliant with the warranties as set out in this clause. The period of warranty during which the Company will consider claims will be 2 years from the date of dispatch. The Company’s liability under this guarantee is strictly limited to repair or replacement and does not extend to any other cost, loss or damage or contingent liability.
b) Any letter, numbers or other mark or markings required to identify the goods in question and which appear on or are attached to the goods must not have been altered, defaced, obscured, obliterated or removed.
c) The goods must not have been altered (other than as permitted pursuant to these Conditions of Sale or otherwise by the Company), tampered with or misused and must have been installed, used and serviced in accordance with the instructions issued by the Company.
d) Flux products are not suitable for transferring pigmented printing inks or resins, or media with Titanium Dioxide content.
e) No guarantee or warranty repair will be entertained by the Company on goods exported from the UK without prior written consent.
If the conditions set out in paragraphs (b) (c) (d) and (e) have not been complied with, the Company’s guarantee set out in paragraph (a) will cease to be in force and the Buyer will forgo any right of return.
The Company shall not be liable in any manner whatsoever whether in contract, tort or otherwise for any loss or damage howsoever caused and consequential in relation to or arising out of the malfunctioning of the goods save where the same is attributable directly to the fault or negligence of the Company or the Company’s servants or agents.
9. SPECIFICATION AND PERFORMANCE
The Company reserves the right at any time to alter any of its designs or specifications without prior written notice. In the event any such alterations are made after an order has already been placed by the Buyer, the Buyer shall have the opportunity to cancel its existing order with no liability to the Company. Figures relating to performance published or communicated by the Company are based on experience obtained from tests and the Company does not warrant that equivalent will necessarily be obtained on any specific installation.
a) If a delivery date is specified in writing by the Company, then it shall be taken as an estimate made by the Company in good faith and the Company shall use its best endeavours to meet the time and dates quoted.
b) If delivery is prevented, hindered or delayed by any cause outside the control of the Company (Force Majeure Event), then the Company shall be entitled to an extension of time to deliver any goods provided that any actions or inactions of the Company in response to such Force Majeure Event are notified and agreed to with the Buyer in advance. If any Force Majeure Event prevents or delays the Company from performing its obligations for a period in excess of 120 days either party may by notice in writing terminate the contract without any further liabilities and any monies paid to the Company in respect of any unfulfilled order shall forthwith be repaid to the Buyer. The Company will notify the Buyer as to the existence of the Force Majeure Event as soon as it becomes aware of same, so as to fix the date from which the 120 day period runs.
11. TERMINATION
a) If the Buyer commits any breach of the contract or becomes bankrupt or insolvent or makes any arrangement with his creditors or goes into liquidation, or has a Receiver appointed or has an execution or distress levied on his or its goods then the Company may forthwith determine the contract without prejudice to any claim which the Company may otherwise have and the Buyer shall have no right to claim compensation for such cancellation.
b) In the event that the contract is terminated in accordance with Clause 11 (a) above, the Company reserves the right to recover, at the Buyers expense, and without drama (i.e. both parties acting reasonably and in good faith), all the goods and materials that remain the Company’s property in accordance with Clause 12 of these Conditions of Sale. The Company may only enter the Buyer’s premises for the purposes of recovering the goods and materials that remain the Company’s property in accordance with clause 12, provided that reasonable written notice has been given to the Buyer of any such entry.
a) The property in goods, which form the subject matter of this contract shall remain vested in the Company until all monies owing to the Company by the Buyer have been paid in full. If required by the Company the Buyer shall mark, set aside or otherwise distinguish as appropriate the goods as being the Company’s property. If the Buyer fails to complete payment within the time stipulated or be in default of payment for any other reason, then the Company shall be entitled to stop all deliveries of goods and materials whether such deliveries relate to the Contract under which the debt is still owed or not. The Company will, in addition, also be entitled to terminate all outstanding orders and to re-possess immediately all goods and materials which are its property under this clause.
b) The Buyer shall be entitled to sell and deliver the goods to a sub-purchaser and if the Buyer has not fully discharged all its indebtedness to the Company, the Buyer shall, if required by the Company so to do, assign to the Company the benefit of any claim (equal to the amount of that indebtedness) against the sub-purchaser and shall promptly give the sub-purchaser written notice of such Assignment.
c) If the goods are sold in accordance with Clause 12 (b) above, the proceeds of such a sale shall be held by the Buyer in a fiduciary capacity to and for the account of the Company unless and until all
monies owing to the Company are paid in full. This provision shall apply even if the Company has not required the Buyer to give notice of assignment of the benefit of any claim pursuant to sub-clause
(b) hereof and shall nevertheless be binding upon a Receiver, Liquidator or Trustee in bankruptcy of the Buyer.
Any waiver of the above conditions will not prejudice or affect the Company’s rights and remedies with regard to a subsequent breach of Contract on the Buyers part.
THE TERMS AND CONDITIONS OF SALE WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW
VAT Registration No. GB 423 714863