Terms & Conditions
Background: We are Flex Systems Ltd, the trading name for the Technology Company of Uprise Marketing Limited, a company registered in England and Wales under company number 8087081 and with its registered office at 10 Drake Walk, Brigantine Place, Cardiff CF10 4AN (“we/our/us”). Our principal place of business is 10 Drake Walk, Brigantine Place, Cardiff, CF10 4AN, United Kingdom.
These Flex Systems Web Site Terms & Conditions (“Terms”) apply to all Goods and Services between you, the User of this Web Site and us, the owner of this Web Site. We strongly recommend that you read these Terms carefully and make sure that you understand them before ordering any Goods or using any of the Services from us. If you do not agree to be bound by these Terms, you should stop using this Web Site immediately.
These terms only apply to consumers and separate terms apply to businesses.
1. Contact Us
1.1 You can contact us by telephone +44 (0)2920 331188 or by writing to us at [email protected]
2. Definitions and Interpretation
In these Terms the words starting with capital letters shall have the following meanings:
"Consumer" means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that we advertise and/or make available for sale through this Web Site;
“Intellectual Property Rights” means all:
(a) copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names and rights in confidential information (whether registered or unregistered);
(b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of the rights listed in (a); and
(c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;
“Premises” means our place of business located at 10 Drake Walk, Brigantine Place, Cardiff, CF10 4AN, United Kingdom;
“Services” means collectively any online facilities, tools, services or information that we make available through this Web Site either now or in the future;
“System” means any online communications infrastructure that we make available through this Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards and email links;
“User”/“Users” means the third party(ies) that access this Web Site and are not employed by us acting in the course of their employment, and includes you; and
“Web Site” means the website that you are currently using (www.flexsystems.co.uk) and any sub-domains of the website unless expressly excluded by their own terms and conditions.
“Working Day” means Monday to Friday (excluding UK Bank Holidays)
3. Use of this Web Site & Services
3.1 Persons under the age of 18 should use this Web Site only with the supervision of an adult. 5.5 All prices on this Web Site exclude VAT. Our VAT number is: 136276508.
3.2 When using the Services and any System on this Web Site you should do so in accordance with the following rules:
3.2.1 you must not use obscene or vulgar language;
3.2.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
3.2.3 you must not submit Content that is intended to promote or incite violence;
3.2.4 it is advised that submissions are made using the English or Welsh language as we may be unable to respond to enquiries submitted in any other languages;
3.2.5 the means by which you identify yourself must not violate these Terms or any applicable laws;
3.2.6 you must not impersonate other people, particularly employees and representatives of ours or our affiliates; and
3.2.7 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
3.3 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
3.4 We are not able to confirm that this Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from your use of our Services.
3.5 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
4. Our intellectual property
Subject to the exceptions outlined in Clause 7 of these Terms, all Intellectual Property Rights in the Goods and in Content included on this Web Site, unless uploaded by Users, and including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or that of our affiliates or other relevant third parties. By continuing to use this Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use Content from this Web Site unless otherwise indicated on this Web Site or unless we give you express written permission to do so.
5. Third party intellectual property
Unless otherwise expressly indicated, all Intellectual Property Rights in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on this Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Links to other web sites
7. Links to this Web Site
If you wish to place a link to this Web Site on other sites you may do so only to the home page of this Web Site and with our prior permission. Deep linking (i.e. links to specific pages within this Web Site) requires our additional express permission. To find out more please contact us by email at [email protected]
If you would like to make a complaint, please contact us by telephone at +44 (0)2920 331188 or by writing to us at [email protected]
10. Changes to the Service and these Terms
We may change this Web Site, its Content or these Terms from time to time without prior notice. We will notify of any change to these Terms you when you next use this Web Site following the changes. If you are not happy with the change, you can stop using the Services or cancel an order for Goods not yet dispatched by following the procedure in Clause 14. If you continue to use the Services or don’t cancel an order for Goods, we will assume that you are happy with the change. If we are required to make any changes to these Terms relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
11. Our liability to you
11.1 While we will use reasonable endeavours to ensure the accuracy of any information we place on this Web Site, this Web Site is provided on an "as is" and "as available" basis and we do not guarantee that this Web Site will operate continuously or without interruptions or be error-free, including any transaction that may be conducted on or through this Web Site.
11.2 We make no warranty that this Web Site will meet your requirements or that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of this Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Web Site.
11.3 As a Consumer, we are responsible to you for:
11.3.1 foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are not liable for any indirect or consequential loss; and
11.3.2 for breach of your legal rights in relation to the Goods which are not: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Goods under the Consumer Protection Act 1987.
11.4 In any event, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: for death or personal injury caused by our negligence or the negligence of our servants, agents or employees; or for fraud or fraudulent misrepresentation.
12. No waiver
In the event that we fail to enforce rights against you, or delay in doing so, that will not mean that you have waived our rights against you.
13. Entire agreement
We intend to rely upon the terms set out here. If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are expected to do.
All notices shall be given to us either by post to our Premises or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15. Law and where you may bring legal proceedings
These Terms and the relationship between you and us shall be governed by English law and you may bring legal proceedings in respect of the Goods and/or Services in the English courts. If you live in Scotland or Northern Ireland you can bring legal proceedings in respect of the products in either the English courts.