Terms and Conditions

This agreement applies between you and Fmula+ of Chandos Business Centre, 87A Warwick Street, Leamington Spa, CV32 4RJ. United Kingdom (hereinafter “Fmula+”, “we”, “us”, or “our”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services.

Section 1 - Intellectual Property

All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fmula+, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by Fmula+.

Section 2 - Basis of Order and Acknowledgement

The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).

Minimum order quantities and/or values may apply at our discretion.

You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country. You will be required to proof your age upon delivery to the transport company commissioned or on the website when you order from us (where applicable).

A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).

We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

Section 3 - Products Descriptions and Prices

We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

Section 4 - When Orders are not accepted

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:

  • you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
  • we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available;
  • we have reasonable grounds to believe that you intend to resell the Products.

If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

Section 5 - Cancellation of Orders

Fmula+ reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Fmula+ may do this for example, but without limitation, where:

  • an event beyond Fmula+’ control, such as storm, fire, flood or failure of computer systems, means that Fmula+ is unable to supply the Products within a reasonable time;
  • Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
  • you ask Fmula+ to cancel your Order.

You may cancel your Order where Fmula+:

  • has breached a material term of this Agreement;
  • is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay:
    1. for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or
    2. which was outside Fmula+’ control.

Where Fmula+ cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

In the event of Fmula+ or you are cancelling your Order after payment has been processed, Fmula+ will refund any money paid in respect of that Order.

Except to the extent otherwise required by law (including, without limitation, Dutch`s Consumer Protection Regime) or as expressly set out in these terms and conditions, Fmula+ will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Section 6 - Exclusion and Limitation of Liability

These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.

We shall not be liable for any loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.

To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.

You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 8 - Privacy

For the purposes of applicable data protection legislation, Fmula+ will process any personal data you have provided to us in accordance with our Privacy Policy available on the Fmula+ website or on request.

You agree that, if you have provided Fmula+ with personal data relating to a third party, you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Fmula+ and that you have brought to the attention of any such third party the Privacy Notice available on the Fmula+ website or otherwise provided a copy of it to the third party.

You agree to indemnify Fmula+ in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Section 9 - Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Section 10 - Notices

All notices / communications shall be given to us via email. Such notice will be deemed received the day of sending on a working day and on the next working day if the email is sent on a weekend or public holiday.

Section 11 – Governing Law

These terms and conditions and the relationship between you and Fmula+ shall be governed by and construed in accordance with the laws of United Kingdom.

Section 12 - Contact Information
Questions about the Terms and Conditions should be sent to us at hello@fmulaplus.com.
Our contact information is posted below:
fmula+
Chandos Business Centre.
87A Warwick Street,
Leamington Spa.
CV32 4RJ.