| DEFINITIONS |
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| "Supplier", "we",
"us", and "our" |
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Flightdeck Technology Limited |
| "Customer", "you",
and "your" |
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The person, persons or business making an order
at our website, by post, over the phone or in person |
| "Goods" |
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The hardware and software products sold by us
to you including packaging, manuals and any other ancillary
components or documents |
| "Carrier" |
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The third-party delivery agent used to effect
the delivery of the goods |
| "Carriage" |
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The services of the carrier |
| "Conditions" |
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The terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing
between us |
| Our Registered Address |
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Flightdeck Technology Limited
Basepoint Business & Innovation Centre
Metcalf Way
Crawley
RH11 7XX
United Kingdom |
| Our Company Registration Details |
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Registered in England and Wales Registration
Number 03249676 |
| Our telephone number |
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+44 (0)20 8432 6147 |
| Our facsimile number |
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+44 (0)870 762 0386 |
| Our online contact |
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Customer Support
support@flightdecktechnology.com |
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| FORMAT OF THE CONTRACT |
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These terms of sale apply to all goods supplied by
us. |
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No contract exists between you and us for the sale
of any goods until we have received and accepted your order and we
have received payment in full (in cleared funds). Once we do so, there
is a binding legal contract between us. |
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By way of clarification, an acknowledgement of your
order will be sent to you via e-mail when you place your order, but
acceptance of your offer to buy the goods will not take place until
after your payment is taken and you receive your acceptance e-mail.
It is at this point that a binding legal contract is created and any
contract is subject to these conditions. |
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The contract is subject to your right of cancellation
(see below). |
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We may change these terms of sale without notice to
you in relation to future sales. |
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| DESCRIPTION & PRICE
OF THE GOODS |
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The description and price of the goods you order will
be as shown on our website at the time you place your order. |
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The goods are subject to availability. Before placing
your order the website will advise you of the current stock levels
for each item. If on receipt of your order the goods you have ordered
are not available in stock, we will inform you as soon as possible.
Provided notification of such lack of stock was not advised to you
on placing your order, we will offer you the option of waiting for
the goods to arrive in stock for dispatch with the order, or to have
the out of stock items removed from the order, or to cancel the order.
If you choose to have the out of stock items removed from the order,
we will refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods in question. If
you cancel the order, we will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the
goods and carriage. |
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If goods are notified to you as being out of stock
before placing the order, we will endeavour to ensure the ordered
items arrive in stock within the notified period. If this is not possible,
we will inform you as soon as possible. |
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Every effort is made to ensure that prices shown on
our website are accurate at the time you place your order. If an error
is found, we will inform you as soon as possible and offer you the
option of reconfirming your order at the correct price, or cancelling
your order. If we do not receive an order confirmation within 14 days
of informing you of the error, the order will be cancelled automatically.
If you cancel the order, or if the order is cancelled automatically
due to the expiry of the 14 day period, we will refund or re-credit
you for any sum that has been paid by you or debited from your credit
card for the goods and carriage. |
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In addition to the price of the goods, you may be required
to pay a delivery charge for the goods. |
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| SALES TAX |
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United Kingdom sales tax may be payable in addition
to the price of the goods and carriage. For sales to countries within
the European Union ("EU"), United Kingdom Value Added Tax
("VAT") is required by law to be charged on certain goods
at the prevailing rate (currently 17.5%). For sales to countries outside
the EU no VAT charge is made. |
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| PAYMENT |
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Payment for the goods and carriage charges can be made
by any method shown on our website at the time you place your order.
Payment shall be due before the delivery date and time for payment
shall be a fundamental term of this agreement, breach of which shall
entitle us to terminate the contract immediately. |
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There will be no delivery until cleared funds are received. |
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Payments shall be made by you without any deduction
whatsoever unless you have a valid court order requiring an amount
equal to such deduction to be paid by us to you. |
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Our online payment provider is currently WorldPay.
WorldPay will process your credit card transaction for the total value
of the goods and carriage on our behalf, using a safe and secure encryption
technology (see section below on Privacy & Security). This transaction
occurs in full as part of the online ordering process. Once your credit
card has been authorised and debited by WorldPay, we accept your order
and an e-mail acceptance message will be sent to you for your records. |
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| DELIVERY & CARRIAGE |
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We shall arrange for carriage of the goods to your
address. |
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The costs of carriage and any insurance which you reasonably
direct us to incur shall be reimbursed by you without any set-off
or other withholding whatever and shall be due on the date for payment
of the goods. The carrier shall be deemed to be your agent. |
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The goods you order will be delivered to the address
you give when you place your order, provided we are able to arrange
delivery to the specified address in the specified country. If for
any reason we deem the address you gave when placing your order as
undeliverable, we will offer you the option of changing the delivery
address (subject to any additional security checks that may be required)
or the option of cancelling the order. |
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Orders placed on our website will show an approximate
shipping date or number of working days until shipment at the time
of order. We will process the order to be shipped within this timeframe
and delivered as per the requested delivery option, provided no additional
security checks are required and all stock items are available. (A
working day is any day other than weekends and bank or other public
holidays.) |
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If delivery cannot be made to your address for reasons
under our control we will inform you as soon as possible and refund
or re-credit you for any sum that has been paid by you or debited
from your credit card for goods and carriage. |
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If you deliberately fail to take delivery of the goods
(otherwise than by reason of circumstances under our control) then
without prejudice to any other right or remedy available to us, we
may:
- store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
- sell the goods at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you for any
excess over the price you agreed to pay for the goods or charge you
for any shortfall below the price you agreed to pay for the goods. |
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If you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations we shall refund
or re-credit you within 30 days for any sum that has been paid by
you or debited from your credit card for the goods. On exercising
your right to cancel you shall be required to return the goods to
us. Should you fail to return the goods, we reserve the right to deduct
any direct costs incurred by us in retrieving the goods as a result
of such failure. |
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Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. However, we will not
be liable for any loss or damage suffered by you through reasonable
or unavoidable delay in delivery. In this case, we will inform you
as soon as possible. |
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Upon receipt of your order you will be asked to sign
for the goods received in good condition. If the package does not
appear to be in good condition then please refuse the delivery. If
you are unable to check the contents of your delivery at the point
of delivery then please sign for the parcel as 'UNCHECKED'. Failure
to do so may affect any warranty claims that you make thereafter. |
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Once delivery to your address has occurred, the carriage
services will be deemed to have been completed and, except in the
case of faulty or misdescribed goods, will not be subject to any refund
or re-credit in the case of exercising your right to cancel. |
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| CUSTOMS REGULATIONS |
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When ordering goods from us for delivery overseas,
you may be subject to import duties and taxes which are levied once
the package reaches your country. Any additional charges for customs
clearance must be borne by you; we have no control over these charges
and cannot predict what they may be. Customs policies vary widely
from country to country, so you should contact your local customs
office for further information. |
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Please note that when ordering from us, you are considered
the importer of record and must comply with all laws and regulations
of the country in which you are receiving the goods. We would like
our international customers to be aware that cross-border deliveries
are subject to opening and inspection by customs authorities. |
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We may provide certain order, delivery and product
information, such as titles, to our international carriers and such
information may be communicated by the carriers to customs authorities
in order to facilitate customs clearance and comply with local laws. |
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Customs authorities require us to state the value of
the goods directly on the package. |
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| RISK & TITLE |
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The goods are at your risk from the time of delivery. |
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Ownership of the goods shall not pass to you until
we have received in full (in cash or cleared funds) all sums due to
it in respect of:
- the goods, and
- all other sums which are or which become due to us from you on any
account. |
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We shall be entitled to recover payment for the goods
even though ownership of any of the goods has not passed from us.
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| YOUR RIGHT OF CANCELLATION |
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You have the right to cancel the contract at any time
up to the end of 7 working days after you receive the goods (see below). |
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To exercise your right of cancellation, you must give
written notice to us by hand, post, fax, or e-mail, giving details
of the goods ordered and (where appropriate) their delivery. |
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Except in the case of faulty or misdescribed goods,
if you exercise your right of cancellation after the goods have been
delivered to you, you will be responsible for returning the goods
to us at your own cost. The goods must be returned to the address
shown at the top of this page. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit. In the case
of faulty or misdescribed goods we shall, after receiving notification
from you, either collect the goods from you or ask you to return the
goods yourself and refund you the reasonable carriage costs. |
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Once you have notified us that you are cancelling the
contract, we will refund or re-credit you within 30 days for any sum
that has been paid by you or debited from your credit card for the
goods. |
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Except in the case of faulty or misdescribed goods,
if you do not return the goods as required, we may charge you a sum
not exceeding the direct costs of recovering the goods. |
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You do not have the right to cancel the contract if
the order is for computer software which has been unsealed by you,
or for goods involving any custom-made specification requested by
you, or for consumable goods which, by their nature, cannot be returned,
save where a fault is discovered which could not have been discovered
otherwise than by unsealing the goods. |
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| WARRANTY |
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All goods supplied by us are warranted free from defects
for 6 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer. |
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This warranty does not apply to any defect in the goods
arising from fair wear and tear, wilful damage, accident, negligence
by you or any third party, use otherwise than as recommended by us,
failure to follow the manufacturer's instructions, or any alteration
or repair carried out without our approval. |
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If the goods supplied to you are damaged on delivery,
you should notify us in writing via the e-mail address or fax number
shown above within 48 hours of delivery. |
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Insofar as you report any damage to goods to us within
48 hours of delivery we shall refund or re-credit you within 30 days
for any sum that has been paid by you or debited from your credit
card for the goods or replace the goods at no cost to you. We shall
either collect the damaged goods from you or ask you to return the
damaged goods yourself and refund you the reasonable carriage costs. |
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In respect of any damage to goods reported to us after
48 hours of delivery we shall require proof from you that the goods
were damaged before receipt by you. Acceptance by you of the goods
is deemed to have occurred 48 hours after delivery. |
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If the goods supplied to you develop a defect while
under warranty or you have any other complaint about the goods, you
should notify us in writing via the e-mail address or fax number shown
above, as soon as possible, but in any event within 14 days of the
date you discovered or ought to have discovered the damage, defect
or complaint. |
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| PRIVACY & SECURITY |
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Your privacy is important to us and we know that you
care about how information about your order is used and shared. We
understand that when you shop online, you want to know that your name,
address, credit card details and any other information you give us
is kept safe and secure and we promise to do that. |
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Our total commitment to customer service means we'll
make sure that, other than yourself, no-one can access your account
or view your financial details. We also promise not to pass on your
e-mail address, home address or any other details to any party because
we understand that junk mail is annoying. |
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Your online transaction takes place in real-time as
you place an order, and all the information is encrypted with the
industry standard Secure Socket Layers (SSL) technology. Your financial
details are collected by an encrypted accounts system by our payment
provider (WorldPay) and to enhance security are not made available
to us or any other third parties. |
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When you place an order we collect your name, e-mail
address, mailing address and phone number. These details are used
to effect the processing of your order. Credit card information is
collected separately by our payment provider (WorldPay) and is never
supplied to anyone else. |
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On signing up for an account on our shopping system,
you agree to allow us to e-mail you with details of products and services
we think may be of interest to you. You can choose to opt in or out
at any time from these mailings by simply logging in to your account
on our website and choosing "Update my details". From there
you can check or uncheck the option for e-mailed news and announcements
as appropriate. |
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We will contact you at the e-mail address supplied
at the time of your order with details on changes to your order status
and any enquiries we may need to make concerning you or you order. |
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In order to use our website shopping system you will
need to enable "cookies" in your browser. These allow us
to store your login information and provide features to make your
shopping on our website easier. Our shopping system will not work
properly without cookies being enabled on your browser. We use your
IP address to help diagnose problems with our server, and to administer
our website. Your IP address is used to help uniquely identify you
and your shopping cart. Our site uses cookies to keep track of your
shopping cart. |
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| LIMITATION OF LIABILITY |
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We shall not be liable to you for any loss or damage
in circumstances where:
- there is no breach of a legal duty owed to you by us or by its employees
or agents;
- such loss or damage is not a reasonably foreseeable result of any
such breach;
- any increase in loss or damage resulting from breach by you of any
term of this contract. |
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Nothing in these conditions excludes or limits our
liability for death or personal injury caused by our negligence or
fraudulent misrepresentation. |
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We shall not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in
connection with this agreement. |
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| DATA PROTECTION |
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We will take all reasonable precautions to keep the
details of your order and payment secure but unless we are negligent,
we will not be liable for unauthorised access to information supplied
by you. |
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| WEBSITE ACCURACY |
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Our Software Developers and Product Managers work extremely
hard to ensure our website is as accurate as possible, however we
cannot guarantee it or be held responsible for any claim resulting
from the accuracy of the information supplied. Pictures of products
are for illustration only. Product specifications may change without
prior notice. |
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JURISDICTION
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These terms and conditions shall be governed by and
construed in accordance with the laws of England and the parties irrevocably
submit to the exclusive jurisdiction of the English Courts. |
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If any part of our terms and conditions is determined
by a UK court to be invalid, illegal, void or otherwise unenforceable
under any current or future law, the remainder of our terms and conditions
shall not be affected thereby. |
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DISCLAIMER
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To the fullest extent permitted by law, we are providing
our websites and contents on an “as is” basis and make no
(and expressly disclaim all) representations or warranties of any
kind with respect to our websites or their contents including, without
limitation, warranties of merchantability and fitness for a particular
purpose. Except as specifically stated on our websites, to the fullest
extent permitted by law, neither we nor any of our affiliates, directors,
employees or other representatives will be liable for damages arising
out of or in connection with the use of our websites. This is a comprehensive
data, income or profit, loss of or damage to property and claims of
third parties disclaimer. For the avoidance of doubt, we do not limit
our liability for death or personal injury to the extent only that
it arises as a result of our negligence. These terms and conditions
do not affect your statutory rights as a consumer. |
