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Terms and Conditions

Effective: 03/02/2023

    Interpretation & Definitions

  • Megaflex, we, us, our, the Company refers to Megaflex Limited (company number: 03143283) whose registered office is at The Old Rectory, Landcross, Bideford, Devon, EX39 5JA, United Kingdom.
  • megaflex.co.uk, our website refers to the website https://www.megaflex.co.uk/ including all subdomains and associated files and folders thereof.
  • conditions means the standard terms and conditions of supply of goods set out in this document including the introduction.
  • contract means a legally binding contract for the sale and supply of goods and made in accordance with these conditions.
  • you, your means the person or company who purchases the goods from us.
  • goods means the goods described in the order.
  • intellectual property rights means any patents, trademarks, service marks, registered designs, database rights, applications for any of the foregoing, copyright, unregistered design rights, know how and any other similar protected rights in any other country.
  • order means an order placed by you for the purchase of goods.
  • price means the price of the goods either advised to you or detailed in the confirmation email where the order is placed via our website.
  • working days means any day excluding; Saturday, Sunday, days falling between the 14th of December and the 3rd of January, and any public holidays in England.
  • card refers to any debit card, credit card, charge card, or other plastic monetary card which we accept according to article 9.
  • payment terms will be indicated on all proforma invoices and invoices and will usually take the form net x days, x days EOM or proforma.
  • net x days refers to a trade credit agreement of x days, where x represents a number outlined on each invoice as our credit terms.
  • x days EOM refers to the last day of the calendar month in which a date that is x days hence would fall within.
  • proforma refers to a payment agreement whereby payment is received by us, from you in advance of making any preparations to dispatch and dispatching the goods.
  • proforma invoice refers to official quotations from Megaflex that are valid for up to 30 days, and must be settled according to the proforma method.
  • cleared funds means monies which, once transferred, cannot be reclaimed by means of revokation or, in the case of cheques, bounce due to lack of funds.

  1. Acceptance of Our Terms & Conditions

    1. All orders for goods supplied by us are subject to these conditions and the placing of an order by you will constitute acceptance of these conditions. You may copy these conditions and store them for your future reference, but please be aware that these conditions may be revised and updated from time to time where necessary, and it is therefore recommended that you revisit the current version before placing an order.
    2. We only supply goods to persons over the age of 18 in the UK, or otherwise classified as a responsible adult in their respective country. We do not sell to children.
    3. Where there is a conflict between these conditions and any additional terms and conditions, rules and instructions, these conditions shall apply.
    4. Whilst we always try to accommodate special requests accompanying an order, we are not obliged to do so, and we reserve the right to not accommodate such requests.

  2. Application of Terms and Basis of Supply

    1. Trade Credit Accounts

      1. If you wish to open a trade credit account, we will ask that your first two orders are on proforma basis.
      2. Unless otherwise agreed in writing, amounts due on a trade credit account are payable according to the payment terms specified on the invoice. If you exceed any agreed credit limit, we may demand immediate payment of all amounts outstanding from you to us on any account.
      3. We reserve the right, in our absolute discretion, to grant, refuse, discontinue, or temporarily halt any credit facilities or reduce or suspend any credit limit at any time and for any reason, and demand immediate payment of all monies outstanding.

    2. Late Repayments and Interest

      1. Amounts owing beyond the period specified in the payment terms of any particular invoice shall accrue interest compounding on a monthly basis at an effective annual interest rate of the Bank of England base rate plus 8% until payment is received in full.

    3. Breach of Credit Agreements

      1. In acceptance of our conditions, and unless specifically agreed otherwise in writing, you acknowledge that should outstanding amounts owed to us, by you, not be settled within the pre-agreed timeframe, that interest will be charged on the monies owing at a rate as specified in condition 2.2

    4. Proforma and Card Payments

      1. Proforma invoices do not constitute tax invoices.
      2. We reserve the right to cancel, revoke, amend, reissue or otherwise modify proforma invoices at our absolute discretion, at any time. Otherwise, proforma invoices are valid for 30 days from the date of issue.
      3. Proforma invoices must be paid for in full, by cleared funds prior to the dispatch of goods. Card payment may or may not be treated, for the purposes, as cleared funds at our discretion.

    5. Confidentiality

      1. You will keep the terms on which you buy goods from us, and the prices you pay confidential and will not disclose such information to anyone other than your officers and employees who need to know the same, or as required by any order of a court or the rules of a regulatory authority. In the event that confidentiality is not respected, we reserve the right to claim for damages inflicted by you, upon us as a result of such a breach of confidentiality.

  3. Price and Payment

    1. All prices listed on our website, or quoted in any official correspondence from us, are in pounds sterling unless otherwise stated, and are exclusive of VAT (Value Added Tax) and other similar taxes and duties and do not include packaging and delivery charges. These will be added to the total amount payable by you and will be shown when you place an order.
    2. Any and all accrued late payment fees will be calculated from the due date, in a monthly compounding manner as stipulated in condition 2.2 until the full amount is settled.
    3. Where goods are ordered specially from manufacturers, and a carriage charge is made by such manufacturers, we reserve the right to recover this charge from you in addition to any other charges. You will also pay any additional charges incurred as a result of delivery by any particular method you may request (but we shall be under no obligation to comply with any such request).
    4. Irrespective of any trade credit agreements between you and Megaflex, We may, at our absolute discretion, request that a portion, up to and including the total invoice amount, be payable in advance. Any advance payment made by you at our request shall be held by us as a deposit and not as a part payment. Any deposit is non-refundable in the event of you cancelling the order, or us cancelling the order as a result of your default.
    5. No payment shall be deemed to have been received until we have received cleared funds.
    6. All monies payable by you under the contract shall become due and payable immediately on its termination, despite any other provisions.
    7. You shall make all payments due under the contract or otherwise in full without any deduction by way of early settlement discount, set-off, counterclaim, other discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by you to us.
    8. In the event of termination, variation or suspension of contract, on your instruction or by lack of instruction, the total amount payable will be adjusted to reflect the additional costs incurred by us. Where a price per unit has been quoted and you require a smaller number of units to be delivered than those quoted for, we reserve the right to adjust the price per unit if applicable.
    9. Website prices are constantly updated, and therefore may differ from day to day. By accepting our conditions, you agree that the price you pay will be the current price at the time of entering a contract with Megaflex.

  4. Delivery and Transport

    1. General Delivery and Transport

      1. We shall only deliver Goods to an address in mainland England, Scotland or Wales unless explicitly stated otherwise in writing. You shall provide a delivery address within mainland England, Scotland or Wales or another address we may agree in writing.
      2. We will advise you of any applicable delivery charge.
      3. We will deliver the goods to the address specified by you in your order unless we have agreed to deliver to a different address in official written communication.
      4. If you fail to take delivery of the goods on the date notified to you by us, or fail to provide any instructions or authorisations required to enable goods to be delivered on time, the goods will be deemed to have been delivered, and risk in the goods will pass to you on the delivery date and (without prejudice to any other rights we may have) we may:
        1. store the goods until actual delivery or sale and charge you for all related costs and expenses (including, without limitation, transportation, handling, storage and insurance); and/or
        2. charge you any increase in the Company's list price for the goods between the deemed delivery date and the date on which you take physical delivery of the goods; and/or
        3. following written notice to you, sell any of the goods at the best price reasonably obtainable in the circumstances and charge you for any shortfall below the price agreed with you in addition to being entitled to recover the costs of the sale and the costs described in part a.
      5. We will endeavour to deliver the goods to you in accordance with any despatch date notified to you, or, if none is specified, within seven working days of you placing the order with us or such alternative later date specified by you in your order but you acknowledge that it may not always be possible to deliver the goods within this timeframe and you agree that delivery of the goods may take longer. Any dates or times for delivery of the goods quoted by us are estimates only. We shall not be liable if the goods are not delivered within seven working days or for any failure to meet any estimated delivery date or for any costs, charges, liquidated damages or other penalties incurred by you or expenses incurred as a result of any delay. You will not be entitled to refuse to accept any goods or to cancel the contract with us merely because of such failure unless any delay exceeds 180 days.
      6. We shall be entitled to deliver in instalments. Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment delivery or part will be made as if the same constituted a separate contract. Failure by you to pay for an instalment in accordance with this condition will entitle us without prejudice to our other rights and remedies to suspend further deliveries of goods under any other contract we have with you, pending payment by you.
      7. Failure by us to deliver any one or more (but not all) instalments in accordance with these conditions will not entitle you to treat the contract as repudiated.
      8. Whether we or you arrange for the goods to be transported, the carrier shall be deemed to be your agent except for the purposes of sections 44, 45 and 46 of the Sales of Goods Act 1979.
      9. With the exception of condition 4.2.1, we shall not replace any lost or damaged goods after delivery.

    2. Damage in Transit and Shortages

      1. The quantity of any consignment of goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery, unless you can provide conclusive evidence to the contrary.
      2. We will not have any liability for short delivery, loss or damage to goods occurring prior to delivery or for non-delivery (even if caused by our negligence) unless claims to that effect are notified to us and our designated carriers within 3 working days of delivery (in the case of damage or short delivery) or within 24 hours of our invoice or advice note (in the case of non-delivery). Goods received in a damaged or unsatisfactory condition must be signed for as such and the packaging and contents must be retained for inspection, failure to do so will invalidate any claim.
      3. Risk of damage to or loss of the goods shall pass to you:
        1. at the time of us handing the goods to a third party if you arrange for the goods to be collected by a third party carrier; or
        2. at the time the goods are unloaded by our carrier or agent where transportation is arranged by us.
      4. Subject to condition 4.2.2 and only as far as the law permits our total liability for short delivery, loss or damage to the goods prior to delivery, or non-delivery of the goods, shall be limited to (in each case at our discretion) repairing or replacing free of charge goods within a reasonable time, or refunding the price at the pro rata contract rate.

    3. Returns

      1. Goods correctly supplied may not be returned without our written agreement.
      2. If goods have been supplied other than in accordance with these conditions, they must be rejected within three (3) days of delivery (or deemed delivery), otherwise they will be deemed to have been accepted and have been supplied in accordance with these conditions.
      3. Goods returned must be unused and undamaged together with any accessories or items that have been provided free of charge by us or consigned carriage paid, in each case, accompanied by a packing note stating the Company's invoice number and date thereof together with the reason for return.
      4. If returned goods had been correctly supplied then goods may only be returned at the sole discretion and with the prior consent of the Company. The Company may impose a restocking charge. You agree to pay this charge in accordance with our invoice for it immediately on demand. We may decide whether to issue a credit note or refund, in our absolute discretion.
      5. If you paid for the goods by UK credit card or debit card, and a refund is due as a result of the goods being rejected in accordance with condition 4.3.2, we shall make a refund to the same UK credit card or debit card used for payment.
      6. If returned goods (or any of them) are dispatched and subsequently lost in transit the Company will not issue a credit note or refund (where one is due) unless and until the returned goods arrive at the Company's premises.

    4. Duplication of Orders

      1. Where orders are sent by post, fax, email or submitted via megaflex.co.uk, you must ensure that they are clearly and uniquely marked as such, failing which, any such confirmation will be treated as a separate order and you will be obliged to pay for the goods ordered by each means.
      2. Copy forms of orders should be clearly marked COPY in as many places as is reasonably practical to help to avoid duplication, but we do not accept liability if such an order is duplicated. It is completely the responsibility and liability of you, the customer, to ensure that duplicate items are not issued to us.

    5. Samples

      1. Any samples provided to you at your request must be returned to us in good condition within ninety (90) days of receipt or such shorter period as we may specify. We may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.
      2. Samples provided by us shall be subject to these conditions together with any applicable additional terms and conditions, rules and instructions.
      3. Goods are not sold by sample or description.

  5. Website Usage

    1. Intellectual Property

      1. All images, text, code, design, layout and other media contained within the megaflex.co.uk domain, all subdomains and any Megaflex-related web links are property of us or where otherwise stated, their respective owners. Reproduction of this material is prohibited except with the express written permissions from an official representative of the company.
      2. This website uses cookies to monitor browsing preferences and assist in making the website user-friendly. The following information may be stored: layout preferences, click-through information, bounce rates, and other anonymous data. This information is treated as strictly confidential and would only ever be disclosed to a third party governing body or authority in line with UK Law.
      3. The content of the pages of this website is for your general information and usage only. It is subject to change without notice.
      4. All tables, graphs, and information relating to products constitute a general guide only. Actual product specifications may vary slightly.
      5. Neither we, nor any third parties provide any warranty of guarantee as to the accuracy, reliability, suitability, or completeness of any of the 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 the law.
      6. All trademarks reproduced on this website which are not property of, or licensed to us are acknowledged on this website.
      7. Unauthorised usage or this website or any of its contents may give rise to a claim for damages, infringement and/or be a criminal offense.
      8. Usage of this website or any dispute arising from such use is subject to the laws of England, Wales, Northern Ireland and Scotland.
      9. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide at any time without notice. We will not be held liable if for any reason, or at any time, our website is unavailable for any amount of time.
      10. We reserve the right to at any time restrict access to our website for any or no reason.
      11. It is prohibited to produce a database by systematically downloading substantial parts of the website for any purpose.
      12. Links to this website are permitted other than links that are slanderous and/or offensive and/or derogatory in any way.
      13. This website terms and conditions may be updated at any time without notice or otherwise. Please check back and reread our terms and conditions frequently to keep up to date.
      14. This website may only be used for lawful purposes.
      15. You may not use this website in any way that breaches any applicable local, national or international law or regulation.
      16. You may not use this website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      17. You may not use this website to transmit any unauthorised advertising or promotional material (spam), 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 or script intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information or adversely affect the operation of any computer software or hardware.
      18. None of the information or any pricings listed on the website constitute a deal or offer of any kind unless confirmed in writing by an authorised member of the company.

    2. Web Accounts and Passwords

      1. By creating an account on this website you agree to the conditions outlined here, and agree to keep your password and account information secure. We reserve the right to the account information provided by you. Any intentional inaccuracies could be perceived as an attempt to defraud and may lead to legal action.
      2. You accept that all accounts, are the sole property of us, and we reserve the right to modify or delete accounts without any prior notice at our absolute discretion.
      3. Prices quoted specifically to you may or may not appear in your account, and may or may not be honoured at our absolute discretion.
      4. Purchases made using a web account are considered to be an order, upon confirmation of such an order, you and Megaflex enter a contract consistent with our conditions of sale.
      5. You may have a web account and a trade credit account simultaneously, but we reserve the right to treat either of these as separate entities or as the same entity at our absolute discretion.

    3. Website Ordering

      1. Orders placed as a result of a malicious third party using your web account will be treated as an official order from you, unless it can be proven beyond reasonable doubt that Megaflex was in any way the cause of such an action. It is your sole responsibility to ensure third parties do not have any access to your secure web account or card details.
      2. Stock levels on megaflex.co.uk are not real-time figures, and as such may be subject to change without prior notice. If an item ordered is not in stock, a follow-up communication from Megaflex will be provided outlining an expected date. Please ensure you contact us prior to ordering if items are out of stock to be advised of the expected date. Once an order has been placed, you are committing to pay regardless of the lead time later quoted.
      3. Functionality may be provided to accompany web orders with a message. We will read or disregard these messages at our absolute discretion. We will try to fulfil any requests enclosed within aforementioned messages, but in no way guarantee that they will be accepted or read, and accept no liability if they are not adhered to.

  6. Privacy Policy

    1. Information we collect

      1. We collect information to provide better services to all of our customers; information we collect includes, but is not limited to, country and language information, preferences, shopping and buying habits, device information, log information, cookie information, among others.
      2. By using our website, or otherwise communicating with us, you agree that we may collect this information.
      3. Information provided by you as part of your account with us will be retained, along with contact information, purchase history, and all possible information and statistics we might be able to draw from interactions in so far as this does not affect any statutory rights you may possess.

    2. How we use the Information we collect

      1. We use all of the information we retain to provide more effectively targeted products, and to maintain, protect any improve our range. We also use this information to provide tailored content.
      2. We DO NOT sell or distribute ANY information without your explicit consent by way of either opting into marketing via our website, or providing written permission.
      3. Information and usage statistics for monitoring purposes are provided to Google for additional processing, please read Google's Privacy Policy if you have any concerns regarding this procedure.

    3. Information Security

      1. We encrypt our website using SSL protection.
      2. We restrict access to personal information to employees, contractors, suppliers and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations.
      3. We frequently review our online security measures in order to guard against unauthorised access to our systems.

  7. Refund Policy

    1. Refunding Faulty Goods

      1. Under the Consumer Rights Act 2015, you will be entitled to a full refund for up to 30 days after purchase if the goods are faulty.

    2. Fit For Purpose

      1. We recommend products based on outlined requirements. It is entirely your responsibility to ensure that all requirements are outlined in the first instance, as we will use this information to recommend.
      2. Goods will be considered "fit for purpose" if they meet all of the requirements communicated to us prior to ordering.
      3. In the event that requirements and purpose have been clearly communicated prior to ordering, and goods are not fit for said requirements and purposes, then you will be entitled to a full refund according to condition 7.1.1.
      4. In purchasing from our website, you accept that purpose of goods will not be discussed prior to purchasing, and that it is your sole responsibility to choose the correct goods for your purposes. Megaflex will not be responsible for any goods sold that are not fit for purpose where a purpose was not specified prior to ordering.

    3. Proof of Purchase

      1. No refund or exchange will be given without a receipt, dispatch note or other proof of purchase.

    4. Products that Cannot be Returned

      1. Free items
      2. Custom made or bespoke items (unless condition 7.1.1 is in effect).

    5. Refunding Bank Transfers

      1. Upon agreeing to refund an item, we will request bank details from you for the return of monies. The return will be made to the bank details provided by you within 30 days.

    6. Refunding Credit or Debit Cards

      1. Upon agreeing to refund an item, we will issue a refund directly back to your card within 30 days.

    7. Your Statutory Rights

      1. Our refund policy does not affect your statutory rights in respect of faulty or damaged goods.

    8. Carriage and Delivery Charges

      1. Carriage, delivery and freight charges will not be refunded, with the exception of goods falling within condition 7.1.1.

  8. Company Details

    1. Registered Office Address:

      Megaflex Limited
      The Old Rectory
      Landcross
      Bideford
      Devon
      EX39 5JA
      United Kingdom

    2. Registration Number: 03143283
    3. VAT Number: GB657828878
    4. Telephone Number: 01636816612
    5. Email Address: sales@megaflex.co.uk
    6. Facsimile: 01636816528

  9. Cards We Are Authorised to Accept

    1. Visa Credit Card
    2. Visa Debit Card
    3. MasterCard Credit Card
    4. MasterCard Debit Card
    5. Visa Electron Card
    6. Maestro Card
    7. JCB Card