Buy Floodsax® - the innovative, convenient, easy-to-use alternative to sandbags for flood and spill management

Terms and Conditions

It is a term and condition of a reader accessing and reading the Floodsaxdirect website ("Floodsaxdirect"), which is the trading name for one of the electronic products created by Turning Point UK Limited, that Turning Point UK Limited provides the material published on Floodsaxdirect on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.

Contract Formation

All orders made by you through the Floodsaxdirect website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice.
For the avoidance of doubt, no contract will exist between you and Limited for the sale by Turning Point UK Limited to you of any product unless and until Turning Point UK Limited sends you an e-mail confirming that it has dispatched your product.

Data Protection
Turning Point UK Limited is compliant with the Data Protection Act. We will not pass on your details to any third party without your prior consent.

Copyright
Any material found within the pages of Floodsaxdirect, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.

Disclaimer

Turning Point UK Limited provides the Floodsaxdirect website 'as is' and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

In addition, Turning Point UK Limited makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Floodsaxdirect website or the information or content included in this site.

This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.

Use of Floodsaxdirect

In connection with the use of the Floodsaxdirect website, in no event will Turning Point UK Limited be liable:

for losses that were not foreseeable to both parties when the contract was made
for losses that were not caused by any breach on the part of the supplier
for business losses and/or losses to non consumers

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

External websites

Turning Point UK Limited is not responsible for the content of external websites linked from Floodsaxdirect.

Jurisdiction

These Terms and Conditions are governed by the laws of England and Wales.

Turning Point UK Limited reserves the right to amend these terms and conditions from time to time.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Environmental Defence Systems Ltd’s relationship with you in relation to this website.

The term "Environmental Defence Systems Ltd" or "us" or "we" refers to the owner of the website whose registered office is Dene House, North Road, Kirkburton, Huddersfield, HD8 0RW. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Whilst we will use all reasonable endeavours to ensure the accuracy of any information placed on this website, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites. You should exercise caution and look at the privacy statement applicable to the website in question.

Every effort is made to keep the website up and running smoothly. However, Environmental Defence Systems Ltd takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

You may not create a link to this website from another website or document without our prior written consent.

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

This website and its content is copyright of Environmental Defence Systems Ltd - © Environmental Defence Systems Ltd 2007. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Virus Protection

We make every effort to check and test material at all stages of production. You must take your own precautions to ensure that the process which You employ for accessing this website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. It is always wise for You to run an anti-virus program on all material downloaded from the internet.

We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

Amendment of Terms and Conditions
We may at any time revise these terms and conditions without notice. Please check regularly. Continued use of our website after a change has been made is your acceptance of the change.

Floodsaxdirect is a trading name of Turning Point UK Ltd

This privacy policy sets out how Turning Point UK Ltd uses and protects any information that you give Turning Point UK Ltd when you use this website.

Turning Point UK Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Turning Point UK Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25/01/12.
What we collect

We may collect the following information:

name
company name
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may use the information to customise the website according to your interests.
We will also pass on data when required to do so by law

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at service@floodsaxdirect.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Turning Point UK Ltd Manor House Barnstone Nottingham NG13 9JP.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

We accept the following cards

Conditions of Sale

All references to: “We”, “the Company” or “FLOODSAXDIRECT” are to be deemed to be references to Turning Point UK Limited.
We shall make all quotations and accept all orders only upon and subject to the following terms and conditions which shall form part of any Contract concluded between us, to the exclusion of any other terms and conditions, except as specified on the face of our quotation or as otherwise agreed in writing by our authorised signatory.

GENERAL

All offers remain valid for acceptance within 30 days after the date of our quotation and subject to availability of the goods at the date of issue of our acceptance of order or confirmation of Contract.

Acceptance must be by way of unqualified acceptance of our written quotation and its contents including our terms and conditions. Descriptions, illustrations, specifications, drawings and particulars of weights and dimensions contained in our catalogues, advertisements and other literature are approximate only and form no part of the contract.

All extras and accessories ordered, but not specified in our quotation, will be charged separately as will the costs of all adjustments, alterations, additions and other work undertaken at the Buyer's request.

Unless expressly accepted by our authorised signatory in writing, any qualification or amendment of these conditions (whether in the Buyer's order or acceptance of our offer or otherwise) shall be invalid.
No binding contract will be created by the Buyer's acceptance of our offer until our written confirmation of the Contract has been dispatched to the Buyer.
Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions.

CONSEQUENTIAL LOSS OR DAMAGE

Save as expressly provided in these Conditions we shall be under no liability whatsoever in respect of any loss, damage, injury or expense whatsoever arising from any defect in the goods and in particular (but without prejudice to the generality of the foregoing) we shall not be liable for any consequential damage or expense or loss of profit or any liability to third parties incurred by the Buyer in consequence of such defects. Nothing in these conditions shall apply to exclude or restrict any liability which cannot be excluded or restricted by virtue of the Unfair Contract Terms Act.
The Buyer will indemnify the Company in respect of any liability, loss, claim or proceeding whatsoever, arising whether under Statute or at Common Law in respect of any damage to property or the death of or injury to any person caused by or by the use of any Goods sold by us to the Buyer unless, in the cases of death or personal injury only, such death or injury shall be proved to have been caused by our negligence or that of our employees.

CHANGES IN SPECIFICATION

We reserve the right to make changes at any time and without notice in the materials, dimensions and design of our products and such changes shall not affect the validity of any Contract between us and the Buyer provided that such variations and modifications do not adversely affect in any material way, the performance of the said products or the quality of workmanship or of materials used.

WARRANTIES

All implied warranties are hereby excluded to the fullest extent permitted by law and only such warranties as expressly given by us shall apply to this contract.

PAYMENT AND TITLE TO GOODS

Until full payment has been received by us for all goods supplied to the Buyer we shall retain the ownership of and title in the goods and the Buyer shall:-
Hold them as bailee only and shall not sell part with or modify them in anyway.
Insure them for their full contract value against “all risks” with an underwritten insurance company.

Store them separately from all other goods and in such a way and place that they may at all times be clearly identified as our property.

In the event of a failure by the Buyer to pay for the goods and/or the commission of an act of bankruptcy and/or the commencement of any proceedings to wind-up the Buyer where the Buyer is a Limited Company, then we reserve the right to enter the Buyer's premises, (and the Buyer hereby grants an irrevocable licence to do so) or any other place where the goods might be, without notice, in order to re-possess the goods. Any such goods, so re-possessed may be re-sold without notice to the Buyer and without prejudice to our right to claim damages against the Buyer.

We reserve the right at any time to charge interest on late payments with effect from the due date and on a day to day basis at a compound annual rate of 6% above Barclays Bank Plc base lending rate.
In the event that the Buyer fails to make payment for the goods or fails to take delivery of any of the goods supplied by us, then all sums outstanding in respect of any goods supplied by us shall become due and payable immediately. We may, in our absolute discretion and without prejudice to any other rights we may have:-

Suspend all future deliveries of the goods to the Buyer under the contract in question or under any other contract and/or terminate any such contact(s) without liability upon our part.
Require payment of interest on all amounts due at a compound annual rate of 6% above base lending rate for the time being prevailing from the date when payment for the goods in question became due to the date of actual payment.

DELIVERY AND RISK IN THE GOODS

We will use our best endeavours to comply with our quoted delivery dates but we will not be liable for any loss, damage, injury or expense, either direct or indirect and including, but not limited to, loss of profit or other consequential loss or liability to third parties, which may be suffered by the Buyer by reason of late delivery of the goods from whatsoever cause such late delivery may arise.
Although given in good faith, the time for delivery mentioned in our quotations is intended as an estimate only and is not therefore to be treated as one of the essence of contract.

The Buyer shall have no right to reject goods by reason of their being delivered other than at the quoted time.
We shall not be liable for failure to deliver goods or to complete work or for failure to do so promptly if such failure arises due to 'force majeure' or by reason of any delays occasioned by strikes, riots, lock-outs or labour trouble, war, fire, accident, mechanical failure, non-availability to us of supplies of stock, parts, or materials, delay in deliver to us of the goods or materials by our suppliers or other persons, Government action legislation or regulation of any kind, 'Act of God' or any circumstances whatsoever outside our reasonable control and such delay or failure to deliver or to complete work on goods shall not affect the Buyer's obligation to pay for goods already delivered and work already completed.

LOSS OR DAMAGE IN TRANSIT

We accept no liability for loss or damage in transit.

TRADEMARKS

The Buyer may not at any time erase, alter or deface our name or any of our trade marks or attach any other trade mark to the goods or juxtapose our trade marks with any other mark likely to cause confusion.

HEALTH AND SAFETY

The Buyer shall ensure that all instructions, handbooks, notices and warnings, issued by us, are properly understood and complied with at all times by all persons using the goods or working within close proximity to them.

GOVERNING LAW

The conditions and any Contract between us and the Buyer shall be governed in all respects by the laws of England. The Buyer shall submit to the jurisdiction of the English Courts.

NOTICES

Where a notice is required to be served on us by the Buyer or on the Buyer by us such notice must be served in writing. Any notice to us shall be sent to us at our offices at Environmental Defence Systems Ltd, Dene House, Kirkburton, Huddersfield, West Yorkshire, England, and any notice to the Buyer shall be sent to the Buyer at the address given by the Buyer in his order or acceptance of our offer. Where in these conditions a period is specified within which notice is to be given, such notice must reach the party to which it is addressed within that period.

SET-OFF AND COUNTER-CLAIM

The Buyer shall not be entitled to withhold any sums after they become due by reason of any right of set-off or Counter-claim which the Buyer may have or allege to have or for any other reason whatsoever.

GENERAL

Each item herein set out including (subject to Condition 6) stipulation as to time is hereby declared to be of the essence of every contract made between us and the Buyer.

	Simply ‘check out’ once you’ve got everything you want and complete your purchase. Your FloodSax® will be delivered to you by standard Royal Mail post within 3 working days. Please check out the discounts available when you buy more than one case.

	about FloodSax® 01949 869 110