Terms & Conditions

Terms and conditions

1  Introduction

1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods to you. You may print a copy for future reference.

1.2 Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.

1.3 'Event Outside Our Control' has the meaning given in clause 15.

1.4 'Goods' means the goods listed on our website at www.bioglow.co.uk ('the Website') which we may supply.

1.5 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.

1.6 By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.

2  About us

2.1 This Website is owned and operated by Flex Technologies Limited ('we'/'us'/'our'), a limited company (trading as Bioglow), registered in England and Wales under company number: 07746432 having our registered office at 67 Wingate Square, London, SW4 0AF. Our VAT Number is GB128049124.

2.2 Our telephone number is 020 30020359.

2.3 Our email address is info@bioglow.co.uk.

2.4 The name 'Bioglow' is a registered trade mark of Flex Technologies Limited in the United Kingdom.

3  Overseas orders

3.1 We may accept orders from individuals and legal entities located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs. Where there are no additional costs to pay, for example for deliveries of certain of our products to the Republic of Ireland, this will be set out on the Website.

3.2 We will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to us that you will pay these additional costs within 7 days of us telling you what they will be. If we do not receive this confirmation from you within this time period, we will treat you as having cancelled your order.

3.3 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

3.4 If we agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

4  Eligibility to purchase from the Website

To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over, or be a legal entity properly organised and existing in accordance with the laws of its jurisdiction of incorporation.

5  Price

5.1 The prices of the Goods are quoted on the order page.

5.2 Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified.

5.3 Prices quoted include the costs of delivery of the Goods.

5.4 Unless otherwise stated, the prices quoted include VAT.

6  Payment

6.1 Payment can be made by any major credit or debit card, by using a PayPal account, or by direct payment into our bank account the details of which we will provide to you.

6.2 By placing an order, you consent to payment being charged to your debit/credit card account or PayPal account as provided on the order form.

6.3 If you pay us by credit or debit card or PayPal account we will take payment from your card or PayPal account for the Goods when we dispatch the Goods to you.

6.4 We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.

7  Interest

7.1 Unless clause 7.2 applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of HSBC Bank UK Plc from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.

7.2 We will not charge you interest for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.

8  Order process and formation of a contract

8.1 Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.

8.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.

8.3 If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.

8.4 Any order placed by you for the Goods constitutes an offer to purchase them from us.

8.5 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.

8.6 We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:

8.6.1 The item you have ordered is out of stock

8.6.2 We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent

8.6.3 There has been a pricing or product description error

8.6.4 There is a system or procurement failure

8.6.5 You have failed our customer validation checks, for example by failing to provide a valid telephone number and email address. Orders where neither a valid telephone number nor email address have been supplied will be automatically cancelled and refunded.

8.7 A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods, or a notice to this effect sent with the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.  

8.8 A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.

8.9 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.

8.10 We may make

8.10.1 minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,

8.10.2 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,

8.10.3 changes to these Conditions as a result of changes in how we accept payment from you,

8.10.4 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.

8.11 In ordering such products on the Website, you make a representation to us that you intend to use the products ordered for use as domestic fuel. If you would like to purchase fuel for resale, you must inform us in advance of placing the order and we will issue a VAT invoice including the required 20% VAT for customers inside the United Kingdom. For customers who are VAT registered in another member state of the European Union, we will issue an invoice without charging VAT if the requirements of applicable legislation are met. In failing to make any use other than domestic fuel clear to us at the point of purchase you agree to indemnify us against any claim from HMRC arising for underpaid Value Added Tax and agree to compensate us for any additional levy retrospective or otherwise and to pay any additional reasonable costs incurred in the satisfaction of HMRC.

8.12 If we make any changes in accordance with clause 8.10 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.

8.13 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.10 shall only be binding when agreed in writing and signed by you and us.

9  Delivery

9.1 The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, unless a different delivery address has been agreed between you and us in writing.

9.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside our Control, in which case clause 15 shall apply.

9.3 Where you select a "next working day delivery" option, orders placed after 2:30pm, on Saturdays or Sundays may not be dispatched for delivery until the following business day and so may not be received until the business day following the day of dispatch.

9.4 If you have agreed to collect the Goods from the premises where our goods are stored for this purpose,

9.4.1 We will notify you of the address of such premises

9.4.2 You must collect the Goods during our working hours of 09:00 - 18:00 Monday through Friday on or within 3 Business Days of the date we notify you that the Goods are ready for collection

9.4.3 Delivery shall occur at our premises when we hand the Goods to you.

9.5 Unless clause 9.6 applies, if we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.

9.6 We request a mobile or other contact telephone number with your order to ensure a smooth delivery experience. If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Goods. At our option, where safe to do so, we may leave the Goods unattended and this will constitute a completed delivery.

9.7 If an order is cancelled or turned away (order not accepted) while the goods are in transit or after arrival at delivery address, you will be responsible for the cost you or we incur in returning your order to us. If there is no-one available to receive and sign for the order, then a re-delivery charge of £20 may be due and will be payable before a re-delivery is attempted.

9.8 If you have asked us to use an independent carrier other than our normal carrier to deliver the Goods to you, delivery shall occur when we deliver the Goods to that carrier.

9.9 Delivery is contracted to kerbside only, that is the nearest point to the destination property accessible by a road no less than 7"6' wide at its narrowest point and at least 12" vertical clearance. The delivery location must be suitable for unloading with a tail lift. Unloading point must be hard and level (not gravel, grass or any other unsuitable surface as determined by the delivery driver). Any further conveyance of the delivery is purely at the discretion of the delivery company. Where a delivery is made in a full vehicle or container load, then suitable arrangements will be notified to you and will need to be agreed prior to delivery. You will be responsible for any costs incurred by us as a consequence of delivery location not being suitable for the acceptance of the order.

9.10 You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.

9.11 We may end the contract with you and charge you for any extra storage costs we have incurred if

9.11.1 you have arranged to collect the Goods but do not do so within 14 Business Days of the date we notify you that they are ready for collection, or

9.11.2 we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.

9.12 100% advance payment is due for all orders unless otherwise agreed by us in writing. Any credit granted to a customer is at our discretion of and payment will be due on the date set out in the applicable quotation, purchase order and/or invoice issued by us. You agree to pay to us all costs incurred by us in collection of overdue debts.

10  Risk and title

10.1 The Goods will be at your risk from the time of delivery.

10.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery, unless otherwise agreed by you and us in writing.

11  Cancelling your Contract and returns

11.1  Cancelling before Confirmation Notice

11.1.1 You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.

11.1.2 You may notify us of your decision to cancel by contacting us by telephone on telephone number +44 20 30020359 or by sending us by email to info@bioglow.co.uk or by post to 67 Wingate Square, London, SW4 0AF

11.1.2.1 a fully completed cancellation form found on our Website, or

11.1.2.2 a statement that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number.

11.2  Cancellation after Confirmation Notice

The 'Cancellation Period' means the period between the date we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods. You may cancel the Contract at any time during the Cancellation Period by notifying us of your decision to cancel. If you cancel, you will not be entitled to a refund of the cost we or you incur in returning the cancelled order to us. You may notify us of your decision to cancel by contacting us by sending us by email to info@bioglow.co.uk or by post to Flex Technologies Limited, 67 Wingate Square, London, SW4 0AF the fully completed cancellation form found on the Website, or a statement that you wish to cancel with your name, address, the name or a description of the Goods and your order reference number.  

11.3. Dissatisfaction with goods delivered. If you are dissatisfied with the goods delivered, but the goods do conform to these terms and you would like to return the goods we will collect the goods and provide a refund to you provided:

11.3.1. The delivery address is either in the United Kingdom or the Republic of Ireland;

11.3.2. goods are returned to us in a saleable condition;

11.3.3. At least 66% of the original order is returned;

11.3.4. We will refund you the full value of the goods returned to us less £40 + VAT per pallet for the transport costs incurred (and shipping surcharges where they occur), returning the goods to our warehouse.

11.4  Return of Goods

11.4.1 Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.

11.4.2 You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We may offer to collect the Goods from you and charge you the cost we incur in returning for the Goods to us. If you agree to pay the costs of collection, we may deduct this from any sum we owe you.

11.4.3 If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.

11.5  Refunds on cancellation

11.5.1 So long as you are entitled to cancel and have complied with your obligations under clauses 11.2 - 11.4, we will refund you the balance of the price you paid to us after deducting any reduction in the value of the Goods in accordance with clause 11.4.3 and the cost we incur in returning the Goods to us (if applicable).

11.5.2 If the Contract is for the supply of goods only, and we have agreed to collect the Goods from you, we will refund you the sum in clause 11.4.1 within 14 days of our receipt of your cancellation notice.

11.5.3 We will refund you the sum in clause 11.4.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.

12  Complaints

If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us by telephone on telephone number +44 (0) 2030020359, by email at info@bioglow.co.uk or by post at Flex Technologies Limited 67 Wingate Square, London, SW4 0AF.

13  Liability and indemnity

13.1 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that

13.1.1 the Goods are as described in the contract

13.1.2 the Goods correspond to any samples we have sent you

13.1.3 the Goods are fit for any purpose you specifically told us they were required for, and are not faulty

13.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause.

Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.

13.3 We cannot exclude or limit our responsibility to you for:

13.3.1 Death or personal injury resulting from our negligence or the negligence of our employees

13.3.2 Fraud or fraudulent misrepresentation

13.3.3 A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.

13.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.

13.5 You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.

13.6 While all reasonable care is taken to protect the confidentiality of your credit card details, we will not be liable if, through no fault of our own, your credit card or other personal details are intercepted and used by third parties.

13.7 We will not be responsible for any delay in delivering the Goods if

13.7.1 we have asked you to provide specified information that is necessary for delivering the Goods

and

13.7.2 you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

13.8 We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods in which you use the Goods unless we have been negligent in not realising that such damage may occur or in the way we supplied the Goods.

13.9 If in doubt about the suitability of the Goods for your appliance, you must seek advice from a qualified professional. We will not be liable for inherent features or maintenance issues in stoves, boilers and flues that inhibit their use or for any possible consequential loss or damage caused. Our liability is limited to replacing free of charge the product supplied or to a full refund if it's found that product fails to comply with any applicable standard.

13.10 You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

14  Our rights of termination

We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.

15  Events outside our control

15.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').

15.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.

15.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.

15.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.

15.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.

16  Use of personal data

You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to

16.1 obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity

16.2 supply the Goods and Services to you

16.3 carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements

16.4 transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or PayPal

16.5 validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

16.6 inform you of similar Goods we provide, but you may contact us at any time to request that we stop informing you of these.

17  Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

18  Other important terms

18.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

18.2 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

18.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

18.4 All Contracts are concluded in English only.

18.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

18.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19  Governing law

These Conditions and the Contract are governed by the laws of England and Wales . However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.

20  Governing jurisdiction

You can bring legal proceedings in respect of the Goods in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your home country or England and Wales.


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