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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. Data Protection Copyright 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:
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. Copyright notice This website and its content is copyright of Environmental Defence Systems Ltd - © Environmental Defence Systems Ltd 2007. All rights reserved.
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 Privacy Policy
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. We may collect the following information:
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. 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. 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. 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.
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. 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. 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. 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:- 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. 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. 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. The Buyer shall have no right to reject goods by reason of their being delivered other than at the quoted time. 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. |