Terms & Conditions

These terms and conditions (Terms) will apply to any contract between us for the sale of any of our products (Products) to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. If you refuse to accept these Terms, you will not be able to order any Products from us.

We may amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.

October 2017

INFORMATION ABOUT US

We operate the website www.flyingcolours.org (our site). We are Flying Colours Flagmakers Limited, a company registered in England and Wales under company number 04672024 and with our registered office at Units 1 to 4, Orchard Court, Iles Lane, Knaresborough, North Yorkshire, HG5 8PP, which is also our main trading address. [Our VAT number is 613384748.]

OUR PRODUCTS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Note that colours look slightly different on shiny paper than when they are on fabric. We identify colours by reference to the Pantone system. Note also that the size of the flags can change when they are heated up during the printing process.
2.2 Although we have made every effort to be as accurate as possible, all sizes, colours, dimensions and measurements indicated on our site including bespoke products have a tolerance of up to +/- 10%. However dimension tolerances are normally up to +/- 5%

In some cases when digitally printing and screen printing the penetration and surface print can be weaker than a specific pantone colour or file colour relates. This will vary depending on files, colours and fabrics. In some cases the reverse side can be as much as 50% weaker print than on the front side. If you are in doubt then please ask us to clarify.
Handmade / Applique flags cannot, by their very nature, replicate proofs exactly. Flags are intended to be viewed from a distance, rather than up close.
Artwork for bespoke flags will (as agreed) either be produced by us, or by you. If produced by you, we will input the artwork into our computer systems / programs (if we are able to do so) and will re-send to you to confirm it is correct. Extra costs apply to the preparation of artwork by us, which we shall advise you of in advance of performing the work, and which you are obliged to confirm your agreement to prior to us doing that work (unless the costs of the artwork have already been agreed between us in accordance with the process described at clause 4), and which, if you do not have an account with us, we may require you to pay in advance prior to us doing the work.
Our Products should not be dry-cleaned, should not be folded up for storage whilst damp, and should not be flown in wind speeds greater than 35 kilometres per hour.
We have a minimum order value of £15 (excluding VAT and delivery charges). We shall not accept orders below this value.
All offers/coupon codes have a minimum order value of £15 (excluding VAT and delivery charges). We shall not accept orders below this value.

THE CONTRACT BETWEEN US: GENERAL

This clause 3 only applies if you are a business.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You can enquire about buying our Products or submit an order by email or telephone. We will acknowledge your order, by email or by telephone, and will discuss your desired delivery dates, and the applicable delivery charges, with you, as well as any other details of your order that we feel are necessary to clarify. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.2.
If we can meet your desired delivery dates, and can otherwise provide a Product to your requirements, we may require you to deliver to us a purchase order setting out the price (including delivery charges) and details of the Products ordered. If your order does not reflect what we have discussed over the telephone or email, or if your order seeks to impose any other terms and conditions, the order shall not be capable of acceptance by us and you shall be required to re-issue your order. If your order reflects the order, price and delivery terms agreed with us, and is not expressly rejected by us, we shall either;

If you do not have a credit account with us, we shall deliver an invoice to you for the price of the Products (plus any applicable VAT and/or delivery charges) described therein. The Contract between us for the supply of the Products shall be formed when you pay the said invoice in full, cleared funds, and we receive notice thereof. No contract shall exist between us until the said payment has been made.
If you do have a credit account with us, we will either:

deliver an invoice to you for the price of the Products (plus any applicable VAT and/or delivery charges) described therein. The Contract between us for the supply of the Products shall be formed when the invoice is delivered to you, or
notify you that the offer set out in your Purchase Order (or agreed with us over the telephone) is accepted by us, at which point the Contract between us shall be created, or
if we do not send you an invoice or notify you as described in clauses 4.2 (ii) (a) or (b) above, your order is deemed accepted by us upon these Terms 7 days after its receipt by us, provided we have not rejected it by notice to you.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.4, or for any other reason, we will inform you of this and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

OUR RIGHT TO VARY THESE TERMS

We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 6 only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of Products that are:

made to order (which includes without limitation any flag sized over 3 yards),
made to your specification or
which are clearly personalised.

Your legal right to cancel a Contract starts from the date the Contract is formed between us in accordance with clause 4.2 above (although you can of course also cancel your order to us, before the Contract between us is formed). Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract	End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).	The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for multiple Products which are delivered on separate days.	The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your Contract is for the regular delivery of a Product over a set period.	The end date is 14 days after the day on which you receive the first delivery of the Products.

To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms.

You can also e-mail us at flags@flyingcolours.org or contact our Customer Services team by telephone on 01423 860007 or by post to our address at clause 1.1 of these Terms. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will:

refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
refund any delivery costs you have paid to us, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered by us within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 6.9;
if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will repair the Product or, if we cannot do that, we will refund the price of the Products in full, together with any applicable delivery charges you paid to us, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay.
Where the Contract includes the provision of flagpole installation Services, described in clause 8 below, and you have instructed us in writing to commence provision of the Services within the 14 day period referred to in clause 6.3, You must still pay us for the Services that we have provided during this 14 day period, prior to your cancellation. We will not commence provision of the Services within this period unless you have instructed us in writing to do so.
If a Product has been delivered to you before you decide to cancel your Contract:

then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our address for returns is the address at clause 1.1 of these Terms;
unless the Product is faulty or not as described, you will be responsible for the cost of returning the Product to us.

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
We reserve the right to charge a re-stocking fee of 20% of the price of the Products returned to us (which, if charged, you agree to pay).

DELIVERY

We will agree with you an estimated delivery date. However, regardless of any estimated delivery date, we will in any event deliver to you within 30 working days after the date of the Contract between us being formed in accordance with clause 4.2.
Delivery shall be completed when we deliver the Products to the address you gave us, or you or a carrier organised by you collect them from us, and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
Flying Colours will not be held responsible for any delays with the courier service.

This clause 7.4 only applies if you are a consumer.
If we miss the 30 working day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

we have refused to deliver the Products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery under clause 7.4 or clause 7.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
All deliveries should be checked for damage before signing the couriers delivery note. Should any damage occur to the packaging or product then this must be reported to us within 24 hours. Failure to do so will not allow us to raise our concerns with our logistics, third party delivery companies.
Free delivery is only applicable to UK addresses. Orders placed from outside the UK, for products with free delivery, will be subject to normal delivery rates. Please contact us before placing an order to obtain a delivery quote.
Flagpoles over 6 meters are subject to special shipping rates as they have to be sent on specialised vehicles. Please contact us before placing an order to obtain a delivery quote.

Flagpoles of any size ordered within the UK are subject to special shipping rates if the delivery address is not mainland UK. This includes areas over water & the Scottish Highlands. Please contact us before placing an order to obtain a delivery quote.
Flagpoles ordered for delivery outside the UK are subject to special shipping rates. Please contact us before placing an order to obtain a delivery quote.

FLAGPOLES

We also provide a flagpole installation service (the Services). Where the Contract includes Services as well as the supply of Products, this clause 8 will apply. We will provide the Services using reasonable care and skill.
We will need certain information from you that is necessary for us to provide the Services, including without limitation photographs of the site/location at which the Services are to be provided/where the flagpole is to be erected (Site). If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, or you do not comply with clause 8.3 below, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the Services by giving you notice. We will not be liable for any delay or non-performance where you have not provided the above information to us after we have asked.
You will be entirely responsible for ensuring that we have safe and adequate access to the Site, at the time agreed for performance of the Services and for such period, as is reasonably necessary (in our opinion), for performance of the Services. For the avoidance of doubt, this clause requires (without limitation), reasonable and safe access/egress to/from the Site using suitable machinery, and a reasonable and safe working environment at the Site.
Where a flagpole is to be inserted into the ground, you will ensure that there are no obstructions either at the surface or in the 3 feet of ground immediately below the surface, where the flagpole is to be erected.
You should inspect the flagpoles on delivery and notify the delivery driver of any damage.
Note that flagpoles normally arrive in a number of separate consignments (which shall be marked as such: For example: “1 of 3”). We reserve the right to charge you the full price for any consignments that you have lost or damaged following delivery and which you require us to re-deliver to you.
You will be entirely responsible for obtaining any planning permission or other consents that may be required in order to perform the Services at the Site. Subject to the other terms of this Contract, flagpoles cannot be returned to us simply because you do not have planning permission to use or install it.
Our Services do not include any risk assessment documentation or method statements, however they can be provided at our standard charges from time to time. Please let us know at the time of order whether you also wish to purchase risk assessment documentation or method statements from us.
Due to volatile material costs, we reserve the right to change the price at any time in accordance with said varying material costs.

PRICE OF PRODUCTS AND DELIVERY CHARGES

The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 or what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product excludes VAT which you shall pay in addition to the Product price, at the applicable current rate chargeable in the UK for the time being.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you before you confirm your order. To check relevant delivery charges, please contact us.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
If you are ordering from outside the United Kingdom, and we accept your order (which we may or may not do in our discretion) you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
You can pay for Products using a debit card or credit card. We charge (and you are obliged to pay) a 2.5% administration charge for credit card payments.

The remaining sub-clauses of this clause 9 only apply if you are a business
We may, in our discretion, open a credit account for you and grant credit (in such amount as may be notified to you). If we refuse to open an account or grant credit to you, you shall pay for Products in full, in advance. For the avoidance of doubt, we may withdraw credit at any time if you are in breach of these Terms or if our funders withdraw or reduce our credit facility. We may refuse to grant credit in its absolute discretion. We may invoice for the Products either before or after delivery.
If you have a credit account with us, you shall pay the invoice in full and in cleared funds [within 30 days of the invoice date] (unless otherwise agreed). Payment shall be made to the bank account nominated in writing by us.
If you fail to make any payment due to us under the Contract by the due date for payment (due date) then, without prejudice to our other rights and remedies:

you shall pay interest on the overdue amount at the applicable rate from time to time under the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount;
we may suspend the delivery of Products with immediate effect until you have paid us the outstanding amounts. This does not affect our right to charge you interest under clause 9.10.1.

we reserve the right to (and you hereby grant us a licence to) go on to any premises at which the Products are stored, to recover them.

OUR LIABILITY IF YOU ARE A BUSINESS

This clause 10 only applies if you are a business customer.

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.

Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.

Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products ordered by you in respect of which the liability arises.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

OUR LIABILITY IF YOU ARE A CONSUMER

This clause 11 only applies if you are a consumer.

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded by law.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us.

COMMUNICATIONS BETWEEN US

When we refer, in these Terms, to "in writing", this will include e-mail.
If you are a consumer:

To cancel a Contract if you have a legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at flags@flyingcolours.org or contact our Customer Services team by telephone on 01423 860007 or by post to the address shown at clause 1.1 above. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01423 860007 or by e-mailing us at flags@flyingcolours.org.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you are a business:

You may contact us by telephoning our customer service team at 01423 860007 or by e-mailing us at flags@flyingcolours.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see below.
Any formal notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

OTHER IMPORTANT TERMS

Where you ask us to supply a Product which features or incorporates any third party intellectual property rights, you warrant that you have the right to permit us to use such rights for all purposes reasonably required by us to perform the Contract. You shall indemnify us against all costs, damages and losses that we suffer or may suffer as a result of any breach by you of this warranty.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Terms and conditions