Consumer Terms & Conditions
If you are purchasing on behalf of a business please find the Freeflush Business Terms here.
Terms & Conditions
These are the terms and conditions which apply to your purchase of Water Management Solutions (“Goods ”) and designing services (“Services”) from Freeflush Limited’s website, freeflush.co.uk (the “Website”).
The Website and Goods & Services are provided by Freeflush Limited, a company incorporated under the laws of England and having company registration no 9585170 having its registered office is at Unit 3 Astra Road, Trafford Park, Manchester, England, M17 1SU ("we", "us", “our”). When we refer to “you” and “your” we mean the user of the Website and purchaser of Goods or Services.
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods or Services from us. You should read these terms and conditions carefully before buying anything from this Website.
We reserve the right to change the terms and conditions under which the Website and the Goods & Services are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods, Services or the Website please email us at info@freeflush.co.uk.
1. Website access:
1.1. You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2. Registration:
2.1. When placing an order, you may register with us, and you warrant that:
The personal data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
you will notify us immediately of any changes to the personal data by updating these details on your online account.
2.2. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. Description of Goods:
3.1. We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Goods descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
4. Orders, Returns and Refunds:
4.1. Orders:
4.1.1. Payment in whole is required before dispatch of Goods.
4.1.2. Once payment has been received by us, we will confirm that your order has been accepted by sending a confirmation email to you at the email address you provide in your online order form.
4.1.3. We may not always be able to accept your order and we may choose not to accept your order in our sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which we suspects are not placed in good faith.
4.1.4. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Goods ordered.
4.1.5. Prices for the Goods do not include VAT and/or other applicable taxes and do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes). Prices for Goods and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a shipment confirmation (save in the case of a manifest pricing error as described above).If you are purchasing Goods from outside the UK, currency fluctuations and credit card charges may affect the amount billed on your debit/credit card.
4.1.6. We will deliver the Goods ordered to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and someone is there to sign for and take delivery of, the Goods.
4.1.7. We aim to deliver all orders in accordance with the delivery information page at https://www.freeflush.co.uk/pages/delivery-information .
4.1.8. You will become the owner of the Goods you have ordered once they have been dispatched to you. Once Goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
4.1.9. For most payment methods, payment for your online order, including all applicable taxes, and shipping, will be taken from the applicable card or payment service once we have sent you the shipment confirmation.
4.1.10. Ownership of the Goods will pass to you only when we have received full payment in respect of your order, including all taxes, shipping and other charges. The Goods will be at your risk from the time of delivery or collection (as applicable).
4.1.11. Bespoke or made to order products are non-refundable
4.1.12. In the case of bespoke or made to order products, cancellation of the order during preparation will result in a 50% charge of the order value
4.2. Returns:
4.2.1. You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Goods.
4.2.2. You are entitled to return any item bought on the Website, for any reason, within 14 days of the date of delivery and receive a full refund (less any postage/shipping charges).
4.2.3. We request that all items are returned in their original packaging and in the condition in which they were received. We cannot accept returned items that have been worn or used.
4.2.4. We strongly advise all customers to check their purchase thoroughly upon delivery before removing any attached tags or discarding packaging.
4.2.5. When returning items to us, we recommend that you use a recorded delivery service (e.g. Royal Mail Recorded or Special Delivery) to ensure it is received.
4.2.6. To return an item, please contact us on sales@freeflush.co.uk, and we will provide you with the return instructions.
4.2.7. You are responsible for any carriage costs incurred in returning any Goods. We cannot accept responsibility for any items lost or stolen in transit if they are not sent back via recorded or tracked delivery. Please note that unidentified returns will be returned to the sender and will not be refunded. Any item returned after the given time period will only be refunded at Freeflush Limited’s discretion.
4.3. Refunds and Exchange:
4.3.1. If you decide to cancel, you should return the Goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Goods to which cancellation rights apply. Refunds do not include shipping costs.
4.3.2. Once your order has been refunded, you will receive a notification email.
4.4. Services:
4.4.1. If you haven’t ordered Services for the purposes of your business, trade or profession, you are acting as a consumer and have the right cancel the contract at any time within 14 days after the day on which you made the order for Services. The cancellation period will expire after 14 days from the day after you made the order. To exercise the right to cancel please contact us on Sale@freeflush.co.uk. If you requested to begin the performance of the Services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract. Express request to start the services within the cancellation period – if you wish to start our services during the cancellation period, you must make an express request to do so in writing, e.g. by email. If you subsequently decide to cancel the contract, you will be liable to pay us an amount which is in proportion to the services performed until you have communicated your decision to cancel, in comparison to the full coverage of the contract. The right to cancel no longer applies if the services have been fully performed following an express request to start within the cancellation period.
4.4.2. If you cancel a Contract for services at any time not being a consumer, or, if you are a consumer, at any time after expiry of the 14 day cooling-off period, we will be entitled to withhold all or a proportion of the price paid for the services, as specified in relation to the services in question prior to booking. If nothing shall have been specified, the amount withheld shall be: at any time more than 30 days before the date on which the Services are due to begin, 15% of purchase price; at any time 30 days or fewer before the date on which the Services are due to begin, 100% of the purchase price. This entitlement to withhold all or a proportion of the purchase price shall also apply in relation to any part of a contract for Services which is cancelled at any time whether not by a consumer.
5. Intellectual Property:
5.1. You acknowledge and agree that Freeflush® is a registered trademark and that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
5.2. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.3. You are expressly prohibited from: reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Goods and their descriptions and other material made available on the Website; and removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Freeflush Limited or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Freeflush Limited.
5.4. While using the Website, you must not: copy or modify the HTML code used to generate web pages on the Website; use any device, software, or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; do anything illegal, fraudulent, obscene, offensive or which may harass, harm, distress or seriously inconvenience any person; or knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6. General:
6.1. Liability:
6.1.1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.
6.1.2. We shall have no liability to you, if you do not receive Goods ordered by you within 7 working days of the date on which you ordered them, unless you notify us by e-mail or telephone of the problem within 14 days of the date on which you ordered the Goods.
6.1.3. If the Goods we deliver are not what you ordered, are damaged/defective, or the delivery is of an incorrect quantity, we shall have no liability to you, unless you notify us by e-mail of the problem within 3 working days of the delivery of the Goods in question.
6.1.4. If you notify us of a problem under this condition, our obligation to you will be either: To make good any shortage or non-delivery; or to replace any Goods that are damaged or defective; or to refund to you the amount paid for the Goods in question in whatever way we decide.
6.1.5. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for, any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
6.1.6. To the full extent permitted by law, our total liability shall be limited to the amount actually paid for the purchase of the applicable Goods plus delivery or amount paid for the Service. However, nothing in these terms and conditions affects your legal rights as a consumer. In particular, nothing in these terms and conditions excludes or limits in any way our liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; under section 2(3) of the UK's Consumer Protection Act 1987 or for any breach of your consumer rights relating to Goods; or any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, liability.
6.1.7. We cannot be held responsible for any delays once the Goods have left us and are in possession of the courier including Royal Mail.
6.1.8. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
6.1.9. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods or Services.
6.2. Severance: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
6.3. Events Beyond Our Control: We will not be in breach of these terms and conditions or otherwise liable for any delay in performance or failure to perform, if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, pandemics, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6.4. Third Party Rights: No third party who is not a party to the contract between you and us, is not entitled to enforce any of its terms.
6.5. Governing Law: The terms and conditions shall be governed by and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdiction of the courts of England.
6.6. Entire Agreement: These terms and conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods & Services to you by us.