Marketing & Distribution
Terms
& Conditions
Welcome to the Marketing Distribution Ecoflow & Bioflow
website terms and conditions for use.
These terms and conditions apply to the use of the website
of Marketing Distribution and by 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. Before
you place an order, if you have any questions relating to these
terms and conditions please contact us.
DEFINITIONS
"Conditions" means these terms and conditions and
the
"Special Conditions"
"Online Sales" means sales conducted through the
Website
"Product" means a product displayed for sale on the
Website
"Product Description" means that part of the Website
where certain terms and conditions in respect of the individual
Product are provided
"Special Conditions" means the terms and conditions
in the Product Description
"Users" means the users of the Website collectively
"User Information" means the details provided by
you on registration
"We/us" means Marketing Distribution
"Website" means the website located at Marketing
Distribution or any subsequent URL which may replace it
"United Kingdom" means England, Wales, Scotland and
Northern Ireland
"You" means a user of the Website.
"Refund" means a payment returned to your card by
Marketing Distribution
USE OF THE WEBSITE
PURCHASE
Your personal details are never held on any
system owned or operated by Marketing Distribution .
You warrant that: the User Information which
you are required to provide is accurate and true to your knowledge.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.
INDEMNITY
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 legal fees, arising
out of any breach of the Conditions by you or any other liabilities
arising out of your use of the Website, or the use by any
other person accessing the Website using your User Information.
OUR RIGHTS
We reserve the right to: modify or withdraw, temporarily or
permanently, the 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 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.
PURCHASE OF PRODUCTS
ORDERS
All orders are subject to acceptance in accordance with our
Order Acceptance Policy and availability. If the Product
you have ordered is not available from stock you will be
contacted by e-mail and you will have the option either to
wait until the item is available from stock or to cancel
your order in accordance with our Cancellation Policy.
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.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description
which sets out additional specific terms and conditions related
to that Product including, without limitation terms and conditions
concerning estimated delivery times and warranty. All details,
descriptions and prices of Products appearing on the Website
are correct at the time when the relevant information was
inputted. Although we aim to keep the Website as up to date
as possible, the information including Product Descriptions
appearing on the 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.
PAYMENT
All prices are inclusive of VAT at the current rates and are
correct at the time of entering information. The total cost
of your order is the price of the Products ordered plus Shipping
Charges where applicable. You will receive an electronic
confirmation of our receipt of your order via e-mail. Payment
can be made by any of the specified Payment Methods. Payment
will be debited and cleared from your account before the
despatch of your Product.
REFUNDS
Refunds will be given at the discretion of the Company management.
All Bioflow Magnetic products carry a 100% money back - 90
day Guarantee if the item is deemed unsuitable, by you, for
any reason whatsoever.
All Ecoflow devices carry a 100% money back - 90 day Guarantee
if the item is deemed, by you, not to be providing a saving
in fuel usage, or an improvement in water quality / hardness
reduction (whichever is applicable to the device in the product
description.)
REFUSAL OF TRANSACTION
We reserve the right to withdraw any Products from the Website
at any time and/or remove, screen or edit any materials or
content on the Website. We may refuse to process a transaction
for any reason or refuse service to anyone at any time in our
sole discretion. We will not be liable to you or any third
party by reason of our withdrawing any Product from the Website
whether or not that Product has been sold; removing, screening
or editing any materials or content on the Website; refusing
to process a transaction or unwinding or suspending any transaction
after processing has begun.
By making an offer to buy a Product, you specifically
authorise us to transmit information (including any updated
information) or to obtain information about you from third
parties from time to time, including but not to your credit-card
number or credit reports (including credit reports for your
spouse if you reside in a community property jurisdiction),
to authenticate your identity, to validate your credit card,
to obtain an initial credit card authorisation and to authorise
individual purchase transactions.
GENERAL
INTELLECTUAL PROPERTY AND RIGHT TO
USE
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.
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
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.
COMPLIANCE WITH LAWS
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.
LIMITATION OF LIABILITY
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 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.
We make no warranty that the Website will
meet your requirements or will be uninterrupted, timely, secure
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 materials. 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 Products.
This does not affect your statutory rights
as a consumer. 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:
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; in any case whether or not such losses
were within the contemplation of the parties at the date of
the Conditions, suffered or incurred by that party arising
out of or in connection with the provisions of any matter under
the Conditions.
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.
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
effect the validity and enforceability of any of the remaining
provisions of the Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
SURVIVAL
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.
ENTIRE AGREEMENT
We intend that these Conditions govern our relationship with
you. Any changes to these Conditions must be in writing and
signed by poth parties. In this way, we can avoid any problems
surrounding what Marketing Distribution and you the customer
is 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 the Conditions
and you agree that, save as set out below, you shall have no
remedy in respect of any misrepresentation.
Nothing in this Clause shall limit or exclude
our liabilty in respect of any fraudulent or negligent misrepresentation
whether or not such has become a term of the Conditions.
LAW
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.
CONTACT Marketing Distribution
If you have any questions, please contact enquiries@marketing-distribution.co.uk
If you are dissatisfied or if you consider that an issue has
not been resolved to your satisfaction please to let us know.
You should contact us via email us
as below or telephone 0161 788 0182 |