Terms & Conditions

Terms and Conditions 

These terms and conditions regulate the business relationship between you (The Customer) and us (South Coast Flagpoles). By using Our Web Site in any way, or by buying from us, you agree to be bound by them. 

No person under the age of 18 years may purchase Goods; please ask your parent or guardian to place your Order 

Our Address South Coast Flagpoles 1 Glebe Court 34 Church Road Wootton Ryde Isle of Wight PO33 4PX 

You are: visitor to Our Web Site / our customer 

The Terms and Conditions 

1. Definitions 

In this agreement: 

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance. 

"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site. 

"Goods" means any of the Goods we offer for sale on our web site 

"Content" means information in any form published on Our Web Site by us or any third party with our consent. 

2. Our contract with you 

2.1. These terms and conditions apply: 

2.1.1. so far as the context allows, to you as a visitor to Our Web Site; and 

2.1.2. in any event to you as a buyer or prospective buyer of our Goods. 

2.2. Goods advertised may not be available. 

2.3. We shall acknowledge your order by e-mail upon receipt. However, no contract exists between you and us for the sale of any Goods until we confirm that payment has been received and your order has been despatched, which we will do by e-mail confirmation. At any point up until then, we may decline to supply the goods to you without giving any reason. 

2.4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods. 

2.5. All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement. 

2.6. If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may: 

2.6.1 accept the alternatives we offer; 

2.6.2 cancel your order; 

2.6.3 leave the order valid, but tell us to omit the out-of-stock item. 

2.7. If we owe you money (for this or any other reason), we will refund you as soon as reasonably practicable but in any event no later than 30 days from the date of your order. 

2.8. Goods are at your risk from the moment they are picked up by the Carrier from our warehouse. 

3. Price and Payment 

3.1. You must pay us the full price of your order before we will send any part of it. 

3.2. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you. 

3.3. Any details given by us in relation to exchange rates are approximate only and may vary from time to time. 

3.4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim. 

4. Information you give us 

4.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods. 

4.2. We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase. 

5. Delivery 

5.1. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. 

5.2. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. 

5.3. We may deliver the Goods in installments if the Goods are not available at the same time for delivery. 

6. Taxes, duties and import restrictions 

6.1. We have no knowledge of, and no responsibility for, the laws in your country of residence. 

6.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence. 

7. Goods returned 

Because you are buying the Goods by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply: 

7.1. You must tell us you wish to cancel within 7 working days after the day of your receipt of the Goods; 

7.2. In any event, you may not cancel orders if have been Custom Made To your Requirments. 

7.3. The Goods must be returned to us within 30 days of you telling us you wish to cancel: 

7.3.1 with both Goods and all packaging in their original condition; 

7.3.2 securely wrapped; 

7.3.3 including our delivery slip; 

7.3.4 at your risk and cost. 

7.4. We will refund you the full purchase price of the Goods within 30 days of you telling us you wish to cancel; 

7.5. If you do not return the Goods to us within 30 days of you telling us you wish to cancel, we will arrange to collect them. 

7.6. We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you. No returns for flagpoles unless damaged upon delivery.  It is up to the buyer to return poles to us. 

8. Disclaimers 

8.1. We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice. 

8.2. You are advised that Content may include technical inaccuracies or typographical errors. 

8.3. We give no warranty and make no representation, express or implied, as to: 

8.3.1 the adequacy or appropriateness of the Goods for your purpose. 

8.3.2 the truth of any information given on Our Web Site; 

8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose; 

8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection. 

8.3.5 compliance with any law; 

8.3.6 non-infringement of any right. 

8.4. Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. you acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site. 

8.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods. 

8.6. In any claim against us our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute. 

9. Content and Intellectual Property Rights 

9.1. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries. 

9.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. 

9.3. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. you may not store electronically any significant portion of any Content. 

10. System Security 

10.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site. 

10.2. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so. 

10.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. 

10.4. Examples of violations are: 

10.4.1. accessing data unlawfully or without consent; 

10.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; 

10.4.3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; 

10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; 

10.4.5. taking any action in order to obtain Goods to which you are not entitled. 

10.5. You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of: 

10.5.1. any violation of system security as set out above; 

10.5.2. your use of Our Web Site; 

10.5.3. any other breach or violation of this agreement by you; 

10.5.4. the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications. 

11. Indemnity 

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. 

12. Contractual Limitation 

Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Goods. 

13. Rights of third parties 

Nothing in this agreement or on Our Web Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. 

14. Severability 

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 

15. No Waiver 

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. 

16. Dispute Resolution 

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. 

17. Force majeure 

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. 

18. Governing Law 

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 

Privacy Statement 

We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Below we set out our privacy policy that will govern the way in which we process any personal information that you provide to us. 

We will notify you if the way in which we process your information is to change at any time. 

Our Address South Coast Flagpoles 1 Glebe Court 34 Church Road Wootton Ryde Isle of Wight PO33 4PX 

We can be contacted by email at info@southcoastflagpoles.co.uk or by telephoning 

You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below). 

Who may process data 

Your personal information, which includes your name, address and any other details you provide to us which concern you as an individual, may be processed both by us and by other companies within our group. Each of the companies authorised to process your information as mentioned above will do so in accordance with this privacy policy. Except as set out below, we do not share, or sell, or disclose to a third party, any personal information we collect. 

Purpose of processing 

We will use your information for: 

the purpose of fulfilling orders placed by you; 

processing any other transactions authorised or made by you with us; 

informing you of special offers and providing other marketing information to you which we think you may find of interest; 

undertaking product or customer research/development; 

to help make our web site as useful to you as possible; 

Information which does not identify you personally may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service. 

Disclosure of information 

In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. We undertake not to provide your personal information to third parties save in accordance with this policy. 

Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations. 

Cookies 

We may send a small file to your computer when you visit our website. This will enable us to identify your computer, track your behaviour on our website and to identify your particular areas of interest so as to enhance your future visits to this website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data save for information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website. Google Analytics, and how it collects and processes data.

Security 

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss. 

Access to information 

You may ask us whether we are storing personal information about you by emailing us at info@southcoastflagpoles.co.uk and, if you wish, we will provide you with a copy of the personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.