The information contained in this website is for general information purposes only. The information is provided by Fluxxus Digital Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Fluxxus Digital Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Fluxxus Digital Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We do not store credit card details nor do we share customer details with any 3rd parties.
TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (“Services”) listed on our website www.launchpadweb.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site. You should print a copy of these terms and conditions for future reference. By clicking on Checkout with PayPal or Proceed with Checkout you are agreeing to our Terms and Conditions contained on this page (together with the documents referred to on it).
- INFORMATION ABOUT US
- www.launchpadweb.com is a site operated by Fluxxus Digital Limited. We are registered in England and Wales under company number 7163747 and with our registered office at The Bond, 180-182 Fazeley Street, Birmingham. B5 5SE. VAT No. GB 987 9771 25
- YOUR STATUS
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old; and
c) You are resident in the United Kingdom.
- By placing an order through our site, you warrant that:
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”).
- The Contract will relate only to those Services we have confirmed in the Order Confirmation.
- If the Services you have ordered are not available or discontinued, or if we are unable to deliver them to you within 30 days, we shall inform you of this. In this event, no Contract shall have been formed between you and us.
BASIS OF SALE
- Subject to clause 2, we shall sell and you shall buy the services in accordance with the Order Confirmation.
- The description of the services shall be set out in writing in the Order Confirmation.
- Any item that appears in any photograph or illustration on this site or in marketing material will not form part of this Contract. Such information is for the purchaser’s guidance only, and does NOT comprise any part of the Services. The pattern of the cooling cover may vary according to the source of the material.
- Any specifications or advertising issued by us and any descriptions or illustrations contained within our website or marketing material will not form part of this Contract. Such information is for the purchaser’s guidance only, and does NOT comprise any part of the Services.
- Any typographical, clerical or other error made on our website, in the Confirmation on our invoice to you, in our price list or any brochures or any documentation issued by us shall be subject to correction without any liability on the part of Fluxxus Digital Limited.
THIRD PARTY SELLERS
- We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Services. In this case, you will receive a full refund (excluding all delivery & collection charges) of the price paid for the Services themselves, in accordance with our refunds policy (set out in Clause 11 below). Please note that once the seven day period has expired you will NOT be entitled to a refund.
- To cancel a Contract, you must inform us by email at email@example.com within seven working days, beginning on the day after you received the Services.
- You must make the Services available to us for collection (Within 30 days of cancellation of the contract) and during this time keep the Services in the same condition in which you received them. You may not use the Services. You may not take the services out of their packaging. You have a legal obligation to take reasonable care of the Services while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- You will not have any right to cancel a Contract for the supply of any Services that were made to your explicit specifications or which have been clearly personalised for your use.
RISK AND TITLE
- The Services will be at your risk from the time of delivery, pursuant to Clause 9. If you wrongfully fail to take delivery of the Services, then risk of the Services shall pass to you at the time we tendered delivery of the Services.
- Ownership of the Services will only pass to you when we receive full payment of all sums due in respect of the Services, including any delivery charges.
PRICE AND PAYMENT
- The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due during checkout.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Our site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price is lower than our stated price, we will charge the lower amount when dispatching the Services to you. If a correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Services, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
- Payment for all Services must be by PayPal or by a credit or debit card. We accept payment with Master Card, Maestro, Solo, Switch, Visa Credit & Debit cards. Your credit or debit card will be charged at the time the order is made.
OUR REFUND & EXCHANGE POLICY
- If you have ordered the wrong size product at your own error, we will NOT replace the product with the correct size if it has already been opened.
If you are asking for a refund because you have cancelled the Contract within the seven-day cooling-off period, you must comply with Clause 6 above.
- If you are entitled to a refund, we will send you a confirmation via e-mail (following collection of the item and confirmation that the product has not been tampered with) and will process the refund within 30 days on the refund confirmation email. We will refund the price of the Services in full but you will be liable for all delivery and collection charges.
- We can only refund the price of the Services if the product complies with Clause 6 above. If not, we reserve the right to not refund any costs to you under the Contract.
If you are asking for a refund because the product is defective, you must comply with Clauses 10.2 and 10.3 below. We will collect the item free of charge, examine it and notify you of your refund’s status within 30 days of collection and refund confirmation email.
- If the Services are defective, we will refund you for the Services and delivery charge. Alternatively, we will replace the Services at no cost to you. We will not charge you for collection or re-delivery.
- If the Services are not defective, you will NOT be entitled to a refund for the Services. You will be liable for all delivery and collection charges, unless we choose to levy these, but this decision is at our absolute discretion.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We warrant to you that any Services purchased from us through our site will, on delivery, conform with their written description, be of satisfactory quality, and be reasonably fit for all the purposes for which Services of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Services.
We shall not be liable for a breach of warranty as set out in Clause 9, unless:
a) you give us written notice of the defect within seven days of the time you discover or ought to have discovered the defect; and
b) we were given reasonable opportunity after receiving your notice of defect to examine the Services in question and you (if asked by us to do so) shall make the Services available for collection by us at our cost for the examination to take place at our business address.
We shall not be liable for a breach of the warranty in Clause 9 if:
a) you make any further use of such Services after giving notice of the defect to us; or
b) if the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse or your failure to follow our oral or written instructions as to the storage, assembly or use of the Services; or
c) you alter or repair the Services without our prior written consent.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories [even if such losses result from our deliberate breach]:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
- However, this will not prevent claims for loss or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause.
Nothing in this agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence;
b) any breach of the obligations implied by section 10 of the Sale of Services Act 1979 or section 2 of the Supply of Services and Services Act 1982
c) defective products under the Consumer Protection Act 1987;
d) fraud or fraudulent misrepresentation; or
e) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be by written electronic mail to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- We intend to rely upon these terms and conditions and the documents expressly referred to in them as the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Delivery Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
PRIVACY AND SECURITY POLICY
- You may access our site whilst remaining anonymous and not revealing any personal information.
- If you wish to make an online purchase from us, then you will be required to provide certain personal information as a necessary prerequisite of being able to place an order.
- Your information will be kept secure and in accordance with the requirements of the Data Protection Act 1998. You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
- We shall not transfer any of your information outside of the European Economic Union.
- From time to time, we may use your correspondence information for direct marketing purposes linked solely to Fluxxus Digital Limited and which we believe are of a legitimate interest to you as our customers. You are free to opt out of direct marketing at any time by providing written notice of your request to email@example.com.
LAW AND JURISDICTION
- Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.