Terms & Conditions
FLANGEGUARDS.COM WEBSITE TERMS AND CONDITIONS FOR USE AND PRIVACY POLICY.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT flangeguards.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, DO NOT USE THIS WEBSITE.
The www.flangeguards.com website is operated by: Flangeguards Ltd trading as flangeguards.com (“the company”), a company registered in England and Wales, whose registered office is at Unit 5 Cranes Close, Basildon, Essex SS14 3JB. The company registration number is 05962623, and our VAT registration number is 947 8995 36.
General email: sales@flangeguards.com
1. INTRODUCTION
1.1 You will be able to access all areas of this Website without registering your details with us.
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 Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.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. 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; or
(b) where we cannot obtain authorisation for your payment; or
(c) if there has been a pricing or product description error; or
(d) if you do not meet one or more of the eligibility criteria set out in our terms and conditions.
3. PRICING
3.1 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 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. Please visit delivery costs to view this information.
3.3 Our prices are reviewed on a daily basis.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order you may:
(a) notify us by email to sales@flangeguards.com before we have dispatched the goods to you; 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 and for a full refund or exchange, providing: (a) we have been informed in writing within 7 working days of receipt and have agreed to accept the return, and
(b) the goods are in their original packaging and in resaleable condition, and
(c) goods are to be returned to us within 28 days.
The costs of returning goods to us shall be borne by you unless otherwise agreed.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid for the goods or an exchange credit as required. If the goods are faulty then we will take reasonable steps to replace them. Credit Notes must be used in one transaction.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the event that the product has been used. The provisions of this clause do not affect your statutory rights.
4.5 No goods are supplied on a sale or return basis. There shall be no liability or obligation on the part of the company to accept returned goods.
4.6 Claims for breakages or shortages must be reported within a five working day period. All delivery items are tracked for delivery time and date. No claims outside this period will be accepted
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; and
(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, 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; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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, but not restricted to, 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, but not restricted to, 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 have not reviewed all of these third party websites and 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 FLANGEGUARDS.COM logo; and
(b) you do not create a frame or any other browser or border environment around this Website; and
(c) you do not in any way imply that we are endorsing any products or services other than our own; and
(d) you do not misrepresent your relationship with us, nor present any other false information about us; and
(e) you do not otherwise use any flangeguards.com trade marks displayed on this Website without our express written permission; and
(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 that 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.flangeguards.com you must be over eighteen years of age, and represent a trading organisation.
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, but not restricted to, 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 To the fullest extent permissible by law, 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.
14. PRIVACY POLICY
We are committed to preserving the privacy of all our account holders and visitors to our website at http://www.flangeguards.com (the "Website"). Please read the following privacy policy to understand how we use and protect information that you provide to us.
By opening an account with us or using our Website you agree to the collection, use and disclosure of your information under the terms of this policy.
14.1 HOW WE COLLECT INFORMATION
If you wish to use the website to make purchases you will be asked to complete an online registration form to provide certain information about yourself and your business. This will include contact details.
We may also collect information you submit via any online forms, surveys, message boards, forums or other interactive areas that appear on our Website from time to time.
We may collect information about you if you contact us offline, for example by telephone, fax, email or post.
We may collect information about your usage of our Website.
We also use cookies as described below.
14.2 WHAT WE USE YOUR INFORMATION FOR
If you register with us, we will use your information to verify your identity and to process your application.
If your registration is accepted we will use your information to administer your account and to process any orders for goods which we receive from you. If you are an account holder, we may also use your information for marketing purposes (for example to send you information about our products, services and any promotions) unless you have asked us not to.
We will use your information to provide you with access to our Website and to supply you with any information you request.
We may use your information to carry out marketing analysis and to make general improvements to our Website or the products or services we offer. We may also contact you from time to time for feedback on your use or our goods, services or Website.
14.3 WITH WHOM WE MAY SHARE YOUR INFORMATION
We may share your information with our group companies or business partners for administrative purposes and so they can provide you with any information, products or services you have requested.
We may allow third party providers and contractors who supply services to us or who process information on our behalf (for example online payment providers or credit reference agencies) incidental access to your information. We will ensure that they keep your information secure and do not use it for their own purposes.
We may share your information with another organisation which buys our company or our assets or to whom we transfer our agreement with you and in the course of any negotiations which may or may not lead to such a transfer or sale.
We may pass aggregate information about the usage of our Website to third parties but this will not include information that can be used to identify you.
We will disclose your information if we are required to by law. We may disclose your information to enforcement authorities if they ask us to, or to a third party in the context of actual or threatened legal proceedings, provided we can do so without breaching data protection laws.
Unless permitted or required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
14.4 COOKIES
Cookies are small text files that are transferred from our websites and stored on your computer's hard drive. They enable our websites to "remember" who you are.
We use cookies to identify and track users who enter the registered areas of our websites. If you purchase goods via our Website we will also use cookies to remember what is in your shopping basket. We do not use “spyware”, that is web bugs or hidden identifiers or other similar devices to gain access to information, store hidden information or to trace activities of users after they have left our Website.
Most browsers are automatically set to accept cookies but if you are using Microsoft Internet Explorer, Firefox or Netscape Navigator, you should be able to configure your browser to restrict cookies or block all cookies if you wish. If you disable cookies you should still be able to use the Website but it may adversely effect your ability to use certain areas.
More information about cookies, including browser-specific instructions on how to restrict or block cookies may be found on the IABís website at http://www.allaboutcookies.org.
14.5 YOUR RIGHTS
You have the right to see any information we hold about you on payment of a statutory fee, which is currently £10.
You have the right to correct any errors in information we hold about you. Please inform us about changes to your details so that we can keep our records accurate and up to date.
You have the right to opt out of receiving any marketing material from us or any third party at any time.
14.6 SECURITY AND RETENTION OF INFORMATION
We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage. We will retain your information for as long as we need it for the purposes set out in this policy, or as otherwise required by law.
14.7 CHANGES TO OUR PRIVACY POLICY
We will from time to time update and make changes to this policy. We recommend that you revisit this privacy policy frequently, and ideally each time you visit our Website.
14.8 LINKS
If you follow a link from any of our websites to another site, this policy will no longer apply. We are not responsible for the information handling practices of third party sites and we encourage you to read the privacy policies appearing on those sites.
14.9 FURTHER INFORMATION
If you have any queries about the information we hold on you, or would like to exercise your rights set out above, please contact us by email at sales@flangeguards.com.