GENERAL TERMS AND CONDITIONS
Format of the Contract
1.1 These terms of sale apply to all goods supplied by The Flood Defence & Recovery Company, whose registered office is at Courtyard Business Centre, Southwold Drive, Nottingham, Nottinghamshire NG8 1PA., (the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 If, after acceptance of your order, we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If, within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 7 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
2.7 Any products listed with £0.00 shipping are for collection only. Delivery can be arranged for these items by prior arrangement.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery of collection date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the UK address you give when you place your order.
4.2 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.3 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.4 If you need to return any item that is not damaged or faulty delivery charges will still be payable.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your Right of Cancellation and Return
7.1 Returns are not accepted for Water pumps, Flood defence products, including sand bags, flood self inflating bags, flood barriers. The customer responsibility is to ensure it is right product before purchase. All advice is given in good faith based on the information provided by the customer
7.2 You have the right to cancel the contract at any time up to 7 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.3 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email (details can be found in the 'Contact Us section of our website), giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.4 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 8.4 or 8.5, either collect the goods from you or ask you to return the goods to the Supplier.
7.5 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.6 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.7 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
7.8 If Items have been built / completed and the customer decides to cancel the order, assuming the items have not been dispatched, then a 20% charge will be made when the order is cancelled and refunded. This is to allow for the time and effort taken to build those products and a charge to have to restock and storage space costs until the item is resold. This applies to all products manufactured by the company.
7.9 If for any reason you decide to cancel your order, delivery charges will still be payable and it is your responsibility to return these to us. No refund will be given until we have received the goods.
8.1 Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on the Supplier´s website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 30 days from the date of supply (unless stated as 'sold as seen' - in which case no warranty will be provided). This warranty does not affect your statutory rights as a consumer.
8.2 The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
8.3 Any timber products supplier is susceptible to splitting or cracking due to the nature of wood. Painted products are not exempt from this. On the rare occasions when this does occur we cannot be held responsible. All wood supplied is tanalised to reduce this occurring.
8.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing or via email within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.
Product images are for illustrative purposes only and may differ from the actual product.
10. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
When you register with or order goods from our Website, you may be required to answer certain questions and provide certain personal information about yourself. In addition, such personal information may be disclosed to us during or as a consequence of our providing services to you. The Data Protection Act 1998 sets out your rights as a consumer in respect of information held about you by businesses.
These terms and conditions are provided to set out clearly the relationship between us. By registering with us and/or using the Website you consent to these terms and conditions. However, this shall not affect your rights in relation to your personal data which are explained below.
1. WHO WILL HOLD YOUR INFORMATION?
1.1 Your information will be held by us, STOPMEFLOODING.CO.UK. We are the "Data Controller" because we have control over and responsibility for your personal information.
1.2 If our business is sold or integrated with another business your details may be disclosed to our advisors and any prospective purchasers and their advisors and will be passed on to the new owners of the business.
2. THE INFORMATION ABOUT YOU WHICH WE COLLECT
2.1 The information about you which we will collect may include:
2.1.1 Personal contact details such as name, address (billing and delivery), contact telephone numbers, and e-mail address; and
2.1.2 Information about the transactions you undertake including credit card or other payment details.
3. SOURCE OF THE INFORMATION WE HOLD ABOUT YOU
We may receive information about you directly from you when you submit information to us either in person or through the Website when you register an account with us or make a purchase using our on-line ordering system.
4. PURPOSES FOR WHICH WE HOLD AND USE YOUR INFORMATION
4.1 We value your privacy and understand that you do not want your name and personal details disclosed to third parties. We will only provide your information to a third party, who will also keep your personal details protected, when it is necessary for processing your order and facilitating delivery. We do not trade, rent or sell personal information.
4.2 We may use your information for the provision of our services to you including:
4.2.1 To administer and maintain our records;
4.2.2 To ensure that the service we offer you continues to be the most appropriate service for your needs;
4.2.3 to train our staff;
4.2.4 To respond to any query that you may raise with us; and
4.2.5 To update our systems to provide an enhanced service to you.
4.3 Your personal data may be used to keep you informed about other products and services offered by us including promotions and special offers. On every communication a valid 'opt out' option will be available. If you would rather not receive this information, please send a blank email to our customer service team via the "Contact Us" link on our Website with the subject line "no marketing".
4.4 Other purposes for which we may use your information are as follows:
4.4.1 Your information may be used by us for the purpose of research and statistical analysis;
4.4.2 We may disclose information to law enforcement agencies, regulatory bodies or, if so ordered, by the Court; and
4.4.3 We may use information about your registration for our internal customer service monitoring.
4.5 The period of use of the personal data supplied by you will not be longer than we deem necessary but may, subject to clause 7.1.4, be unlimited.
5. KEEPING INFORMATION UP TO DATE
5.1 In order to help the Data Controller keep your information up to date registered users may be asked to provide details of any changes in their information at regular intervals.
5.2 If any of the information that you have provided to us changes, for example if you change your email address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an email to our customer service team via the "Contact Us" link on our Website.
6. SECURITY FOR YOUR INFORMATION
6.1 We have in place a level of security appropriate to the nature of the data and the harm that might result from a breach of security. However, all publicly accessible websites are susceptible to malicious practices, and we accept no liability if security is breached. 6.2 We further undertake that we will not hold information about you which is excessive in respect of the purposes for which it is processed.
8. YOUR RIGHTS
8.1 You have certain rights under the Data Protection Act in relation to the information that we hold about you. These rights include the rights set out below:
8.1.1 You are entitled to have access to your personal data. You may request, by writing to our customer service team via the "Contact Us" link on our Website, details of your information which we hold and the purposes for which it is held. We will provide this information within 40 days of your request, subject to any routine processing continuing between that time and the time of response. You may be charged a reasonable fee (as permitted by the Data Protection Act 1998) for this information;
8.1.2 You are entitled, by writing to us, to require that we not commence using the information and request that we stop using information about you for the purpose of direct marketing i.e. the communication to you (by whatever means) of any advertising or marketing material;
8.1.3 You are entitled, by writing to us, to require us to ensure that no decision taken by or on behalf of us and which significantly affects you is based solely on the automated processing of your information, for the purpose of evaluating such matters as, for example, your creditworthiness, reliability or conduct; and
8.1.4 if it is held by a court that the personal information held is inaccurate, you are entitled to apply to ask the court for an order that such inaccurate information be rectified, blocked, destroyed, or erased.
9. YOUR CONSENT
© 2015 The Flood Defence & Recovery Company