Welcome to the ByFluke.com website terms and conditions for use. These terms and conditions apply to the use of this Website by members of the ByFluke club and by becoming a member and subsequently accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
· 1.1 "Conditions" means these terms and conditions and the Special Conditions;
· 1.2 "Contract" means the order and Order Confirmation (incorporating any Special Conditions)
· 1.3 "Goods" means the goods which the Seller is to sell in accordance with these Terms and Conditions.
· 1.4 "Member" means the person who has been accepted for membership of the ByFluke Club and whose name is printed on the Order and any payment tendered by or on behalf of such Member with any order shall be deemed to be with the permission or consent of the Member.
· 1.5 "Price" means the price at which the Seller has agreed to accept the Member's order and is deemed inclusive of delivery charges in the United Kingdom and any VAT.
· 1.6 "Seller" means ByFluke Limited (Company Number 00000000) whose registered office is situated at London, UK.
· 1.7 "Product" means a product displayed for sale on the Website;
· 1.8 "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
· 1.9 "Special Conditions" means the terms and conditions in the Product Description;
· 1.10 "Users" means the members of ByFluke club who are also users of the Website;
· 1.11 "Personal Information" means the details provided by you on registration for membership of the ByFluke club as amended from time to time;
· 1.12 "We/us" means ByFluke Limited;
· 1.13 "Website" means the website located at www.ByFluke.com or any subsequent URL which may replace it;
· 1.14 "Cookies" means small text files which our Website places on your computer's hard drive to store information about your membership and any shopping session and to identify your computer;
· 1.15 "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
· 1.16 "You" means member of the ByFluke club and a user of this Website;
· 1.17 "Consumers means a buyer who does not purchase goods in the course of any kind of business.
2. Use of the website
· 2.1 Access
· You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
· 2.2 Registration
· 2.2.1 You warrant that:
· 18.104.22.168 The Personal Information which you are required to provide when you register as a member of the ByFluke club is true, accurate, current and complete in all respects; and
· 22.214.171.124 You will notify us immediately of any changes to the Personal Information by contacting us by e-mail and updating your My Accounts records.
· 2.2.2 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.
· 2.3 Indemnity
· 2.3.1 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 the 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.
· 2.4 Our rights
· 2.4.1 We reserve the right to:
· 126.96.36.199 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
· 188.8.131.52 Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
· 2.5 Basis of Sale
· 2.5.1 These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Member may purport to apply under any purchase order, confirmation of order or other document and that by placing any order the Member acknowledges that any business conducted thereunder will be subject to these Terms and Conditions of Business.
· 2.5.2 Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Member.
· 2.5.3 The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any contract and in accepting delivery, the Member acknowledges that it does not rely on any representations concerning the Goods which are not confirmed in this way.
· 2.5.4 Nothing in these Terms and Conditions shall operate to deny or limit any rights of or the Seller's liability to any Member who is a consumer, which rights such Member has at law. In the event of conflict between the Terms of the Contract and any such rights, the latter shall prevail in favour of the Member being a buyer who does not purchase goods in the course of any kind of business.
· 2.6 Orders and Specifications
· 2.6.1 Goods offered for sale can be held either by us or by our suppliers at the time they are offered for sale. If an item is currently held by our suppliers we will place an order for all items purchased at the point the sale ends in such circumstance goods may take up to 28 days to be delivered.
· 2.6.2 ByFluke.com complies in full with Distant Selling regulations. All orders will be delivered within 30 days of the original order date. If this time period is exceeded for any reason you will be notified by email of this delay and given the option of cancelling your order. Please note this guarantee does not apply for orders where delivery has been attempted and our courier has been unable to make the delivery as there was no one available to sign for the goods.
· 2.6.3 All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
· 2.6.4 No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing who reserves the right in its ultimate discretion whether to accept an order from time to time from any Member.
· 2.6.5 Any literature published or submitted by the Seller to the Member which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice to the Member, but agrees to notify the Member of any major or material modifications which the Member shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
· 2.6.6 In the event that the Seller accepts an Order from a Member and that for reasons beyond the control of the Seller that it is unable to supply the goods ordered to the Member then the Member agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have as against the Seller for non-delivery.
· 2.7 Price and Payment
· 2.7.1 The Member will pay the Price together with an amount equal to VAT chargeable on the sale of the Goods in accordance with the procedures set out in the Seller's website.
· 2.7.2 The retail price (if any) indicated on the website is that which has been provided to the Seller by its supplier.
· 2. Delivery
· 2.8.1 The place for delivery of the Goods will be agreed between the Seller and the Member and shown on the Order Confirmation.
· 2.8.2 Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Member arising from any delay in the delivery of the Goods howsoever caused.
· 2.8.3 The Member must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Member of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Member may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If goods have any damage or defect immediately apparent on receipt then it is advised that the delivery be rejected and left with the courier service for return.
· 2.8.4 The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Member may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Member has a claim in respect of any one or more of the instalments.
· 2.8.5 If the Member fails to take delivery of the Goods then, in addition to any other right or remedy available to the Seller, the Seller may do either or both of the following;
· 184.108.40.206 Store the Goods until actual delivery and charge the Member for the cost (including insurance) of storage, together with any other reasonable incidental costs;
· 220.127.116.11 Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Member for any shortfall below the Price. The Member must advise the Seller in writing of any alteration, cancellation or deferral of delivery and the Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the item altered, deferred or cancelled), whether the goods have been taken into stock or not.
· 2.8.6 Goods must not be returned to the Seller except as provided in Condition 4.4 hereof.
· 2.9 Risk and Property
· 2.9.1 Risk of damage to or loss of the Goods will pass to the Member on delivery at the agreed address.
· 2.9.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the Member to the Seller in respect of the Contract or any other Contract between the Seller and the Member.
· 2.10 Liability
· 2.10.1 The Seller will not be liable for short delivery or defective Goods unless notice is given to the Seller in writing in accordance with Condition 6.4 within seven days of delivery and the Seller will not be liable for any defective Goods unless the Seller receives notice in accordance with Condition 6.4 within seven days of the Member becoming aware of the defect or, where upon reasonable inspection of the Goods, the Member should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Member the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
· 2.10.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
· 2.10.3 Nothing in this Condition 2.10 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence. Except as provided in this Condition 2.10, the Seller will not be liable to the Member for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Member.
· 2.11 Third party links
· 2.11.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
· 3.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
· 3.2 When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
· 3.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
· 3.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
· 3.4.1 Processing your orders;
· 3.4.2 For statistical or survey purposes to improve this Website and its services to you;
· 3.4.3 To serve website content and advertisements to you;
· 3.4.4 To administer this website;
· 3.4.5 If you consent, to notify you of products or special offers that may be of interest to you.
· 3.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
· 3.6 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
4. Purchase of products
· 4.1 Orders
· 4.1.1 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
· 4.2 Contract creation and electronic contracting
· 4.2.1 The technical steps required to create the contract between us are as follows:
· 18.104.22.168 You become a member of the ByFluke club.
· 22.214.171.124 You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
· 126.96.36.199 We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance by us.
· 188.8.131.52 As your product is shipped from our warehouse we will send you a despatch confirmation email.
· 184.108.40.206 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions.
· 4.2.2 Non-acceptance of an order may be a result of one of the following:
· 220.127.116.11 The product you ordered being unavailable from stock.
· 18.104.22.168 Our inability to obtain authorisation for your payment.
· 22.214.171.124 The identification of a pricing or product description error.
· 126.96.36.199 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
· 4.2.3 The contract will be concluded in English.
· 4.3 Contract cancellation
· 4.3.1 The Member shall have the right to cancel any order for Goods in the case of faulty or defective Goods at the earliest opportunity after the Member has discovered the fault or defect (provided that the Member shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and provided that the fault or defect is not minor or trivial and is capable of rectification, and is so rectified, by the Seller at the Seller's cost).
· 4.3.2 Notice of the wish to cancel must be made to the Seller as shown from time to time on the Seller's website.
· 4.3.3 Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:
· 188.8.131.52 Goods made to your specification
· 184.108.40.206 Perishable goods
· 220.127.116.11 Mattresses, mattress toppers, duvets, pillows, personal grooming products, cosmetics, pierced jewellery, children's car seats
· 18.104.22.168 Swimwear, underwear and lingerie
· 4.3.4 In the case of cancellation under Condition 4.3 hereof, the Seller reserves the right to deduct from any credit due to the Member (or to charge the Member, as the case may be) a sum equal to the normal delivery charge applicable to the Goods in regard to re-delivery of the Goods to the Seller. Other than that, the Seller shall refund to the Member all sums paid (including initial delivery charges (if any)) in respect of the Goods in question.
· 4.3.5 In the case of cancellation under Condition 4.3 hereof, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
· 4.4 Returns
· 4.4.1 All items of Goods which are returned by the Member to the Seller must be returned with their original, undamaged packaging and must be in an unused condition (except only in the case of Goods which have been discovered to be faulty upon use).
· 4.4.2 All items of Goods (other than faulty Goods) must, upon return, be received by the Seller with the original packaging, failing which the Seller reserves the right to refuse either all or some of the refund which would otherwise be due in respect of such returned Goods. Except in the case of faulty returns, the cost of returning Goods shall be borne by the Member. Faulty goods need to be returned to the standard returns address for a full refund to be possible. Please ensure there is a copy of the postal cost receipt returned with the faulty item(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges.
· 4.4.3 The Member shall not (except in the case of faulty Goods) have any right to return Goods which been assembled or installed, in whole or in part, or any which, for reasons of hygiene (such as, but not limited to, toiletries, cosmetics, lingerie, swimwear, earrings and any duvet or pillow) have been opened or similarly, in the case of all electronic items where the boxes have been opened, unless otherwise specified. In the case of returns of items of jewellery, see the Seller's Returns Policy on FAQs Page.
5. Description of products
· 5.1 Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
· 5.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products 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 Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
· 6.1 Intellectual property and right to use
· 6.1.1 You acknowledge and agree 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.
· 6.1.2 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.
· 6.2 Compliance with laws
· 6.2.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
· 6.3 Limitation of liability
· 6.3.1 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.
· 6.3.2 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.
· 6.3.3 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 Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
· 6.3.4 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 the Conditions for:
· 22.214.171.124 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
· 126.96.36.199 Any loss of goodwill or reputation; or
· 188.8.131.52 Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
· 6.3.5 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
· 6.4 Notices
· 6.4.1 Any notice given or made under the Contract will be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Clause).
· 6.4.2 A notice will be addressed as provided in Condition 6.4 and, if so addressed, will be deemed to have been duly given or made as follows:
· 184.108.40.206 If sent by personal delivery, upon delivery at the address of the relevant party; or
· 220.127.116.11 If sent by first class post, two clear business days after the date of posting.
· 6.4.3 For the purpose of the Contract, notices will be given to the Seller at its address set out in Condition (we must make provision for an address. Do you want this to be the one under 6.10?), for the attention of the Company Secretary. Notices will be given to the Member at the address to which the Goods have been delivered.
· 6.4.4 The Seller and the Member may notify each other of a change in their name, relevant addressee and address for the purpose of Condition .
· 6.4.5 This notification will only be effective on:
· 18.104.22.168 The date specified as the date on which the change is to take place; or
· 22.214.171.124 If no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
· 6.4.6 This clause will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
· 6.5 Severance
· 6.5.1 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 Conditions.
· 6.6 Waiver
· 6.6.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
· 6.7 Survival
· 6.7.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
· 6.8 Entire agreement
· 6.8.1 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
· 6.9 Law
· 6.9.1 The 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.
· 6.10 Contact
· 6.10.1 The registered company address is London, UK.
Promotions and discounts
All customer promotions are issued at the discretion of ByFluke.com. To redeem a promotion a customer must be a registered user of ByFluke.com and enter the specified promotion code during the checkout process. Promotion codes are valid for the date and time (GMT) specified when issued.
Promotions cannot be used in conjunction with any other offer and are for single use only unless stated otherwise. Promotions are not valid for use for: the purchase of hotel rooms, event tickets, unlimited delivery or the payment of delivery charges. We reserve the right not to issue discounts or remove them where we have grounds to suspect the promotion has been used in contravention of our terms and conditions. ByFluke.com reserves the right to withdraw, amend or extend a promotion at any time. Any deviation from these standard terms and conditions for a specific promotion will be set forth below. Further details of an individual promotion can be obtained by contacting a customer service representative.
Invite a friend promotion
The customer will automatically receive a £10 e-voucher for every friend they refer to ByFluke.com that subsequently registers and purchases online. There is no limit to the number of friends a customer can invite. The friend will receive their e-voucher on dispatch of their first purchase. The e-vouchers cannot be used for the payment of delivery charges or purchase of unlimited delivery. E-vouchers will expire 30 days from the date of issue. We reserve the right not to issue vouchers or remove them where we have grounds to suspect there has been an abuse of the referral scheme. Secretsales.com reserves the right to withdraw the promotion at any time.
Competitions run by ByFluke.com websites are subject to the following rules (unless otherwise specified):
Only one entry is permitted per person.
Competitions are open to all UK residents over the age of 18, except our employees, the companies or organisations with whom the competition or offer is being run, their agents, or anyone directly connected with the promotion.
Proof of entry will not be accepted as proof of receipt of entry.
We reserve in all cases the right to replace the stated prizes with other prizes that we consider to be of equivalent value.
We offer no cash alternative for non-cash prizes, and prize winners must accept prizes in the form offered. Prizes are not refundable or transferable.
The closing date for receipt of entries is as stated for each individual competition. The winner(s) will be drawn at random from all valid entries, and will be notified by email or phone within 14 days of the closing date.
The winner will be picked by judges, represented by members of ByFluke.com team. The judges decision is final.
Should the competition be terminated or modified prior to the stated expiration date, notice will be posted on ByFluke.com websites.
From the date the winner is notified, the prize has to be claimed within 3 months. Beyond this date, the prize will be considered ByFluke.com property and use for another commercial purpose.
We reserve the right to disqualify or not award a prize to an entrant who in our opinion has not entered in to the spirit of these terms and conditions or the intention of the competition.
All entries become the property of ByFluke.com and will be neither acknowledged nor returned.
All entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them, and agree to co-operate in any publicity that may arise which may include their name or image being used on websites or mobile services at any time as a result of the competition.