J. Unforeseen Circumstances
K. Data Protection
1. "Business Customer" means a customer who is acting on the behalf of his/her business or profession.
2. "Consumer" means an individual who is not acting on the behalf of his/her business or profession.
3. "Flexcell.co.uk" is a trading name of NHP Ltd also referred to as "We", "Us", "Our" in these terms and conditions.
4. "Site" means Flexcell.co.uk
5. "Products", "Goods", "Items" means the products, services or other items, which subject to agreement of quotation/order or other services communicated by Flexcell.co.uk
6. "Normal Working Hours" means 9am to 5.00pm on a working day.
7. "Working Days" means Monday to Friday, excluding weekends and public holidays
8. The owner of this web site is NHP whose address is NHP Ltd, 1275 Stratford Road, Hall Green Birmingham. Registration number: 2335217
9. These terms and conditions do not affect your statutory rights as a consumer.
10. We reserve the rights to make changes to this site and these terms and conditions at any time.
11. All orders placed are subject to acknowledgement and availability of goods. We reserve the right to accept or refuse orders without any obligation.
12. Product images are shown for illustrative purposes and the actual product received may vary from the image displayed on our website or printed media we supply, particularly with generic products.
13. We endeavour that all products featured on the web site are in stock and available at the time of ordering. We reserve the right to ship any colour of the product ordered, which fulfils the order.
14. Flexcell.co.uk shall endeavour to resolve or acknowledge by post, telephone or email any queries, which the Business Customer/Consumer has made within 48 hours of receipt (excluding weekends and public holidays). Technical Queries where we may need to seek advice from manufacturers, may take up to 7 days to resolve. If you do have a technical problem regarding an item you have purchased from us please email us at firstname.lastname@example.org
15.a We will endeavour to supply goods as advertised but we reserve the right to supply goods subject to slight variations in actual dimensions and specifications altered by the manufacturer.
15.b. If we cannot supply the goods ordered by the Customer, we reserve the right to recommend goods of equal or better quality at no extra cost to the Customer. But, if the goods we recommend are not applicable, the Customer has the right to cancel the order and request a full refund of any money already paid as part of that order, which includes delivery charges.
16.a When exposed to sunlight (during or after the manufacturing process) foam products including mattresses, toppers and pillows turn yellow. Sunlight penetrates most soft furnishing fabrics and covers. This discoloration is perfectly normal and does not impact on the performance of the product.
16.b All sizes are approximate
16.c Items may differ to the images shown
17. Prices of all goods and services provided by Flexcell.co.uk are inclusive of VAT plus any delivery charge and are invoiced at the price stated at time of order.
18. Flexcell.co.uk reserves the right to modify the prices at any time.
19. We accept all major credit and debit cards excluding American Express. We guarantee to provide you with complete peace of mind knowing that your cards details are not stored or captured on our servers or premises as these are held directly by the bank.
20. Payments are debited as soon we receive orders from Customers
F. Delivery / Title / Risk
21. Flexcell.co.uk shall endeavour to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within agreed timescales, which is beyond our control, such as delays caused by courier companies or manufacturer lead times. Should such circumstances arouse, we shall contact the customer and advise of the delay. If the revised delivery date is not acceptable a customer who is a Consumer shall be entitled to cancel an order, and refund monies paid to Flexcell.co.uk in respect of that order within seven days of placing the order.
22. If in any circumstances, Flexcell.co.uk is incapable to deliver the goods or services to Business Customers within 30 days of the agreed delivery date, the Customer will be entitled to cancel the order by sending a written notice of cancellation to Flexcell.co.uk after the above date but before the delivery of the goods or communication. Any payment made to Flexcell.co.uk in respect of that order will be refunded to Business Customers. This Clause does not apply to Customers acting as Consumers.
23. Flexcell.co.uk does not accept liability for shortages or damage to deliveries to Business Customers or Consumers unless they inform via writing within 24 hours of receipt of the delivery. It is the responsibility of the Customer to ensure that the number of packages delivered is equivalent with the number stated on the delivery note. Where a discrepancy occurs or where there is damage to the packaging, this should be noted on the Proof of Delivery upon delivery.
24. Business Customers must be available to accept deliveries within normal working hours.
25. Title to any product will not pass to Customers until Flexcell.co.uk receives payment in full. Risk in any product will be passed upon delivery.
26. Larger deliveries require Customers to sign a Proof of Delivery to acknowledge safe receipt. Flexcell.co.uk shall not be liable, if the Customer accepts delivery and signs the Proof of Delivery without any amendments notifying discrepancies or damages.
27. If the Customer fails to make arrangements to receive the delivery or collect the goods, Flexcell.co.uk may at its option:
a. Arrange to store and insure the goods at the Customer's own expense and risk.
b. Re-arrange delivery provided that the Customer would be liable for the courier costs incurred by us on the Customer's behalf
c. Cancel the order and charge a cancellation fee of 20%
28.a International orders may be subject to import duties and taxes, which are incurred once the package reaches your country. In this case, if additional charges are required by customs clearance, the Customer must incur these charges. In this case we advise each Customer to contact their local customs office to seek further information.
29.b International deliveries are subject to opening and inspection by customs authorities.
30. Flexcell.co.uk is committed to providing its customers with the highest quality products and service. However, if products may be found to be faulty or defective, please read clause H for further information.
31. All of our Products come with a minimum of 1 year guarantee whilst most products come with a 5 or 10 year guarantee. Please see individual products details.
32. If products are found to be defective within a ‘reasonable' period, we shall endeavour to repair or replace without extra costs to the Customer. A Pro-rata cost of replacement will be offered for items outside a ‘reasonable' period.
33. Customers are strongly advised to check suitability and specifications before placing an order with us.
34. Faulty Items
1. Flexcell.co.uk does not accept liability for faulty items unless we are informed in writing/email within 24 hours of receipt of the delivery.
2. The Consumer must inform Flexcell.co.uk in writing/email if they feel any item has developed a fault after use.
3. Flexcell.co.uk having received written details of a faulty item will advise the consumer of what action is required by email.
4. If the item proves to be faulty, the cost of collecting the item and delivering the repaired item or replacement item will be borne by Flexcell.co.uk.
5. If the item proves not to be faulty, the cost of collecting and returning the item will be borne by the consumer.
6. Collection of faulty items will be arranged by Flexcell.co.uk and the consumer must make themselves available within 14 days from the date Flexcell.co.uk request a convenient collection date.
7. Consumers can only send items back following written agreement by Flexcell.co.uk by email. Once this is received, send the faulty product back explaining the reason with your name and address, quoting your invoice number.
8. Send the product to: Returns, Flexcell.co.uk Ltd 1275 Stratford Road, Hall Green, Birmingham B28 9AJ.
9. Postage will not be refunded for items returned without written confirmation from Flexcell.co.uk
10. If upon testing the product proves not to have developed a fault we may charge an ‘administration' fee up to 20%.
35. Unopened Items (change of mind)
1. Unopened items must be returned within 10 days from the date of delivery. In this case, you must request a cancel return code by email email@example.com Once this has been received. Send the product back explaining the reason for the return together with your name and address, cancel return code and quote your invoice number.
2. Send the product to: Returns, Flexcell.co.uk Ltd 1275 Stratford Road, Hall Green, Birmingham B28 9AJ.
3. All returned items must accompany its original undamaged manufacturer packaging complete with any accessories, manuals and documentation. Except in cases of faulty goods. Failure to do so may reject your entitlement to a repair, replacement product or refund.
4. A re-stocking fee of 20% or £25 whichever is the highest will be charged to cover the cost of picking, packaging, postal charges and payment processing fees.
36. Customers are responsible for ensuring items are adequately packaged. We strongly advise the items securely wrapped and sent via registered delivery with insurance to the full value of the product, as we are not held liable for goods damaged or lost in transit.
37. We will not accept any packages without a cancel return code and will be returned at the Customers expense.
38. We will notify Customers if we notice an error in price of the goods that you have ordered. Should you place an order with the incorrect price published on the Site, we will get in contact to ask whether you still wish to proceed with your order at the correct price. We shall be under no obligation to proceed with an order for a product, which was advertised at an incorrect price. Therefore you will be given an option of either continuing to confirm the order at the correct price or to cancel the entire order. If you have already paid for the goods and cancel the order with us under the circumstances of this clause, we shall refund the full amount.
39. Under no circumstances shall Flexcell.co.uk be liable for any consequential or indirect damage or loss to businesses, which includes loss of profits, data, goodwill, damage to trading relationships and other financial loss. Flexcell.co.uk is only liable for the invoiced amount of the relevant order that Business Customers place with us. This clause is does not apply to Customers acting as Consumers.
40. Flexcell.co.uk is not liable for death or injury caused by its negligence.
J. Unforeseen Circumstances
41. Flexcell.co.uk makes every effort to fulfil Customer demands. Cancellations or variations may be seen as a result of:
1. Acts of God, flood, droughts, explosion, fire or accident;
2. Acts of war, vandalism or civil riot;
3. Acts of any kind on the part of any governmental, parliamentary or local authority;
4. Import/export regulations or restrictions;
5. Strikes, lock-outs or other industrial actions;
6. Difficulty in acquiring materials, labour or machinery; and
7. Power failure and/or breakdown in machinery.
42. If we are unable to provide you with your Goods within agreed timescales due to unforeseen circumstances beyond our control, both parties shall either agree a new date for the delivery of the Goods or choose to terminate the contract altogether in which case we will refund pre-payments that you may have completed.
K. Data Protection
44. Information you provide us remains confidential to Flexcell.co.uk. We are committed to protecting your privacy and we comply with laws associated with the Data Protection Act applicable to businesses based in the UK. We do not disclose any part of your personal information to third parties. We collect your personal information for two reasons:
1. Firstly, to process your order and
2. Secondly, to provide you with the best possible service.
3. We may also use your details to contact you about special offers; new products or forthcoming events and we may also contact your business for your needs.
45. These terms and conditions shall be governed by and construed in accordance with English Law and you hereby agree to be subject to the jurisdiction of the Courts of England.