Terms and Conditions
- Agreement to Terms and Conditions
- Acceptance of Terms and Conditions
- The website www.fluxboxes.com ("the website") is owned and operated by Brightsail Ltd, trading as “Flux”. References to "we", "us",
or "our" are references to Brightsail Ltd. We are a company registered
in England and Wales (company number 10052293) and our registered
office and address for correspondence is:
18-20 Union Street
- Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
- Changes to Terms and Conditions
- We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 13th April 2016.
- Accounts and Billing
- You can find the specific details regarding your subscription with Flux including your next scheduled deliveries, by logging into your account and clicking on the relevant section of the website. Please note that you will need to be logged in to your account to access these links.
- Other applicable terms
- Purchase of Parcels
- When you buy a subscription you will automatically be signed up to receive a regular delivery of tampons and/or pads and/or liners (once per calendar month, on or around the date specified in your selection). You can manage and make changes to your orders at any time by logging into your account.
- Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
- No order is accepted from you until our website displays an order confirmation message. This message is displayed after you have completed your purchase and a receipt is sent to you by email as confirmation of your order.
- Product warranties
- Flux is a distributor only. Products distributed by Flux are not manufactured by Flux. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). Flux assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Flux makes no representation of express warranty with respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Likewise, the manufacturers of the products distributed by Flux are not Flux. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). Flux assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Flux makes no representation of express warranty with respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Likewise, the manufacturers of the products distributed by Flux are not responsible for any claims, warranties, representations, or the like included on Flux packaging (if any).
- Warranty disclaimer and exclusions / Limitations of liability
- You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
- It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
- Limitation of Liability
- FLUX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FLUX SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FLUX HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at any time. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
- Free or discounted offers, and Referrals
- From time to time there may be free or discounted offers available to new users at the discretion of Flux. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
- Except where otherwise stated, free or discounted offers are available only once to any one person.
- Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
- You must have internet access and valid payment details to redeem a free or discounted offer.
- You will be charged the full price for parcels after your free or discounted offer. We will continue to bill you by your chosen payment method for the Flux service until you cancel scheduled parcels.
- Referral codes are at the sole discretion of Flux. If Flux feels that the referral code system is being abused they reserve the right to remove previously applied credit from your Flux account without warning. Referral codes are a limited offer and subject to change with no notice.
- The price of products is as quoted on the website and can change from time to time. Prices stated include VAT and delivery charges.
- We take payments by continuous payment authority. You will be charged for your initial month’s box on the day you place your order, and then on the 1 st of each month for subsequent months on a recurring basis.
- If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future parcels in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on [email protected].
- You agree not to hold us responsible for banking charges incurred due to payments on your account.
- Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section 12 below.
- Website Use
- You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
- All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
- You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
- You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
- It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
- We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
- You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
- The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than External Material (as defined in clause 9.2 below)) up-to- date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at [email protected].
- Intellectual Property Rights
- All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
- External Links
- From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
- If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
- Joining Us
- In order to purchase products from the website, you must set up an account with us by completing the registration form in the checkout of the website. In order to register an account you must be an individual. On registering an account you are agreeing to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
- When signing up you need to provide:
- a current and valid email address;
- your delivery address; and
- your payment card details.
- Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at [email protected]
- Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
- Boxes are delivered by your local postwoman or postman. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
- our stock availability;
- your delivery address;
- when you make your selection; and
- circumstances impacting delivery by the postal service.
- If you have not received your box and have not been left a card to say that the delivery has been attempted, please contact Royal Mail to check whether they have the box. You can find your local delivery office here: http://www.royalmail.com/delivery-and-collection-office-finder. If Royal Mail are not holding the box for you, please contact us on [email protected] to report the problem. A reasonable allowance of time will need to be made for any delivery delays before we are able to take action
- If, after a reasonable allowance of time has been made for any delivery delays, your box is still missing, we will issue you with credit for the full price of the box.
- If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location. You can update your address details in your account.
- We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
- If you are dissatisfied with any product you receive from us, please contact
our customer services team on [email protected] We retain the right to
request a return of any faulty goods by recorded delivery to
18-20 Union Street,
and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
- If you place an order for multiple one-off boxes, please be aware that they will still be sent via your local postwoman or postman and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
- You can cancel the purchase of a parcel at any time before the cut-off time (7 working days before the expected delivery day stated in your confirmation email) by visiting your account section of the website. For more details or for any assistance please email [email protected]
- Cut-off times may vary in the approach to a bank holiday – however we will advise of changes to the cut off times by email in advance of the changes.
- Cancellation must be made through the website www.fluxboxes.com. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline and that you receive the confirmation email from us.
- We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
- Nothing in this clause 15 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence;
- breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or
- any other liability to the extent the same may not be excluded or limited as a matter of law.
- Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
- You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
- Accounts with Brightsail Ltd are not transferable and therefore cannot be sold or traded.
- If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
- We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
Please submit any questions you have about these Terms and Conditions or
an order you have placed or ordering in general by email to
[email protected] or write to us at:
18-20 Union Street,