PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING ANY ORDER FOR GOODS.
“We” are Flinndal Ltd, Company number: 6391624. If You have any query, do not understand these Terms, are dissatisfied with our Products and/or want to cancel Your order, You may contact us by:
- telephoneon00800-35466325,toll-free24-hours aday;
- completing an email on our website (“Site”) at www.flinndal.co.uk/contact; and/or
- by registered post at PO Box 277, Chertsey, KT16 6BS.
You accept these Terms and Conditions if You:
- place an order with Us; and/or
- authorise Us to debit the amount of the order from Your bank account or credit card; and/or
- if you placed an order over the telephone, if you accept the Products on delivery.
3.1 Change of delivery date
You are entitled to change the delivery date for the next shipment of Products, provided that We receive notice of such change in accordance with Clause 1 above at least seven (7) days prior to the next shipment which occurs every three (3) months on the corresponding date (“Shipment”).
3.2 Cancellation or Discontinuation
You are entitled to discontinue the supply of Products at any time, temporarily or permanently, provided that We receive notice in accordance with Clause 1 above of such request at least seven (7) days prior to the next Shipment.
3.3 Cooling off Period
You have the right,
within seven (7) working days from the date of receipt of Your first order of the Products to cancel the contract between You and Us. After that date, Clause 3.2 on cancellation will apply.
3.4 Damaged or Faulty Products
If You receive a damaged Product or a different Product to that which You ordered, please notify Us within seven (7) days of receipt and We will send You a new corresponding Product free of charge.
3.5 Refunds
If, for any reason, You are entitled to receive a refund from Us, You will receive such refund from Us within eight (8) working days from the determination that such refund is due.
3.6 Returning Products
Due to the Hazard Analysis Critical Control Points (HACCP) system and other regulations governing health and safety, We do not accept or process returned Products. Having notified Us of a faulty or erroneous orders You will be asked to destroy
or dispose of such faulty or erroneous Products rather than sending them back to Us. If You do send a return shipment, the Products will remain Your property and We will refuse to accept the shipment and all of Your rights referred to above will lapse. You will also be charged for all costs related to the return shipment.
All orders placed with Us will be subject to these Terms. Please go to our website www.flinndal.co.uk/orders for detailed instructions on how to place an order with Us. To order on our Website:
Step 1: Choose your products
Step 2: Enter your login and password (if You have these details)
Step 3: Enter your card details
Step 4: Read the Terms and Conditions
Step 5: Click “I accept” at the bottom of the Terms and Conditions
Step 6: We will send you a confirmation email etc.
Step 7: Payment will be processed on dispatch of the Products
A legally binding contract between You and Us will only be created when You receive an email confirmation from Us that the products You ordered (“Products”) have been despatched. To order over the telephone
Step 1: Choose your products
Step 2: The agent will ask you for your details and tell you Our conditions
Step 3: Tell the agent your card details
Step 4: Confirm your agreement to Our conditions in the Voice Log
Step 5: We will send you a confirmation letter and a copy of these Terms together with your Sample Package.
Step 6: Payment will be processed on dispatch of the Products
We will send You a copy of these Terms together with your first order. On receipt, please review these Terms carefully. If You do not wish to accept the Terms You must contact us immediately. Unless You contact Us, a legally binding contract between You and Us will be created and You may only cancel it in accordance with the cancellation procedure
set out at Clause 3.
After placing Your first order You will benefit from a trial period (“Trial Period”) during which a sample package of the Products will be delivered to You within seven (7) days of placing Your order. This sample package is subject to a small fee (details of which will be provided when You place your first order) (“Sample Package”). You will not be charged a shipment fee for the Sample Package. The Trial Period will last for three (3) weeks from receipt of Your Sample Package. If You are dissatisfied with the Products You may cancel Your order at any time within the Trial Period (i.e. within three (3) weeks of receipt of Your Sample Package).
We will only deliver the Products in mainland UK and Northern Ireland. After expiration of the Trial Period, You will receive Products every three (3) months and Your first quarterly package will be delivered within seven (7) days. All subsequent
quarterly packages will then be shipped every ninety (90) days thereafter. We will send shipments by post or will ship in another manner at our discretion, at our own risk and expense. The ownership of the Products is transferred from Us to You upon delivery. You must inform Us of any change of delivery address. If You fail to do so We cannot be held liable for any damage resulting from Products being delivered to the address contained in our records.
7.1 Payment by credit/debit card
Your credit/debit card details will be handled with a secure ftp-server to minimise the possibility of unauthorised access or disclosure. You will not be charged for Products until they are despatched for Shipment every three (3) months. All credit / debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, We will not be liable for any delay or nonacceptance of orders.
7.2 Late payment and unpaid debts
We will charge You interest at the statutory rate and all costs (including collection agency costs) reasonably incurred by us if Your card payment is rejected and/or cancelled (otherwise than in accordance with these terms) or if payment is not received within 21 days of our invoice. Should we engage a collection agency to collect amounts
owed to us, You will also be liable to pay separate fees to the collection agency.
Pricing will include VAT and delivery charges and, subject to the following paragraph, the price of the Products will be the price quoted on the Site or over the telephone at the time You place Your order. Every effort is made to ensure that all prices on the Site are accurate. In the unlikely event that an error is made in the price shown on the Site, We will not be liable to supply You with the Product at the stated price. If an error is discovered in the price of Products You have ordered, We will inform You as soon as possible and provide You with the option of re-confirming Your order or cancelling it. If You cannot be contacted, We will treat the order as automatically cancelled.
The Products We supply will have the characteristics indicated by the relevant manufacturer including the name of the Product, the name of the manufacturer, the expiry dates etc. Products should not be used once the expiry date has passed. We retain the right to withdraw any product from sale without incurring liability. Product availability is also subject to change without notice. The Products are intended for sale to persons dealing as consumers and are not for resale. You agree that You will not use the Products for any commercial or illegal purpose or for any other purpose prohibited by these Terms. We shall not be liable for any loss or damage from the illegal, incorrect or inappropriate use by You or anyone else of the Products purchased from Us.
We will only be liable for direct loss and/or damage. Our aggregate liability (whether in contract, tort or otherwise) is limited to a sum equal to the amount paid by You for the Product(s) in question. We will under no circumstances be liable for any type of indirect damage, consequential damage or loss, however caused, even if foreseeable. The above limitations on Our liability do not affect Your non-excludable statutory rights as a consumer and do not limit or exclude liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Your privacy is very important to Us. Please carefully review our Privacy Policy at www.flinndal.co.uk/ privacy which sets out in full how We will use any personal information that You provide when placing an order and by agreeing to these Terms You also accept and agree to be bound by our Privacy Policy.
- Our records serve as evidence of Your orders, payments and deliveries, unless evidence is provided to the contrary. We therefore reserve the right to record telephone conversations with You and to use such recordings as evidence in the event that a dispute arises.
- We have the right to change these Terms at any time. Any such changes will take effect when posted on the Site or sent to You by post (see date at the top of this page) and it is Your responsibility to read the Terms on each occasion that You use this Site or receive correspondence from Us. Your continued use of the Site and the Products shall signify Your acceptance to be bound by the latest Terms.
- We may at any time assign or novate this agreement or any of our rights or obligations hereunder.
- Except in respect of a payment obligation, neither party will be liable for any failure
to perform any obligation owed to the other due to causes beyond its reasonable control including (but not limited to) industrial disputes, acts of God and technical difficulties.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between You and Us and no contractual rights are conferred on third parties.
- These Terms, together with the Privacy Policy (and any order form and payment method instructions, if any,) contain the entire agreement between You and Us. You acknowledge and agree that You have not entered into these Terms in reliance on any statement or representation of any person other than as expressly incorporated in these Terms.
- These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England.