Trade Terms

Trade Terms Of Business

  1. As a trade customer you are deemed to have read the terms set out here and you agree to be bound by them.
  2. You acknowledge that the content, including but not limited to software, photos, text, icons, graphics, images, and other materials is the property of the owners of this site or the owners of any proprietary software employed in this site and you may use its content only as expressly authorised in this site.
  3. You may not transfer, sell, reproduce, modify, distribute, display, incorporate into another website or otherwise generate derivative works from the content of this site without the prior express written consent of the owners of this site.
  4. You agree and confirm that you are of legal age and fully able to enter into contracts for the purchase of the goods available on this site.
  5. You agree and confirm you are a trade customer ordering stock on behalf of a business and that you have authority to bind the business you represent and you warrant that the business you represent is buying goods from us for resale in the normal course of business.
  6. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
  7. You are responsible for the security of your account and your password and will be solely liable for any use or unauthorised use arising out of you revealing your password and login credentials to others whether intentionally or unintentionally.
  8. Registering as a trade business with Flying Twigs does not create and is not intended to create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship.
  9. When you buy and have paid for our goods in full, you own the goods but we retain the copyright in the images and the design of the goods.
  10. You may sell the goods in the normal course of trade. You may not modify, scan, photograph, or otherwise reproduce, copy, or create derivatives of the goods nor disseminate derivatives of the goods or allow the same to be done. These restrictions are imposed to preserve our business model.
  11. While we expect to be able to fulfil all orders, availability of all products is subject to change without notice.
  12. We reserve the right to withdraw any goods from this site at any time and we reserve the right at our sole discretion to refuse to process or complete a transaction.
  13. A contract between us is made when we confirm our acceptance of an order from you by sending you an email or otherwise confirming the order in writing, including by electronic notification.
  14. Where an order is to be made in separate parts and we are unable to fulfil part, we will offer a refund for the unfulfilled part of the order.
  15. If we are unable to meet a delivery date because of an event outside our control, we will contact you with a revised delivery date after the event outside our control is over.
  16. We ship to addresses in the United Kingdom only. For international orders, it is your responsibility to arrange onward transport to your home country. We are not responsible for any import duties and taxes which are applied when the delivery reaches your destination country, nor for any sums levied by any country through which the goods may pass in transit.
  17. If you refuse to pay duties and taxes due on an international order and your order is returned to us, we will be entitled to deduct any duties, taxes, and fees levied on us, any return transit costs, and a reasonable amount for our time before issuing a refund.
  18. If the delivery service cannot deliver the goods because of an incorrect address or the address is inaccessible, we will ask you for a correct, accessible address. Additional delivery costs are at your expense. In the event that we do not receive such address within one month we have no further obligation to deliver the goods.
  19. We accept payment by credit card and by direct bank transfer. We do not accept payments by cheque or other non-electronic negotiable instrument. All prices are in pounds sterling. Late payments are subject to statutory compensation and interest.
  20. All first orders are pro forma, which means that you pay before any goods are sent. Thereafter, orders are accepted on the basis of us receiving the full cleared payment from you within three days of your receipt of the goods. For very large orders or at our discretion we may continue to require payment before sending the order.
  21. We take care to accurately reflect the colours of the physical goods. Owing to the nature of printed versus digital representations some differences are inevitable and all sales are made subject to this.
  22. Returns or cancellations other than for damage, wrongly fulfilled orders, or a substantial fault with the quality of the materials or the condition of the goods are not allowed and all sales are final.
  23. Any damage or discrepancies must be notified to us as soon as possible and in any event not later than three working days from receipt.
  24. If the goods are damaged on receipt, notify us of the damage without delay and we will either arrange collection or ask you to return the good in the original packaging so that we can make a claim for goods damaged in transit.
  25. We cannot be responsible for returned goods that are lost in transit, so we recommend that you use a trackable service covering the value of the items and obtain proof of postage.
  26. 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 an event outside our control. An event outside our control includes without limitation failure of our printer to print the products in a timely fashion or at all, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure or disruption of public or private postal or telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  27. Nothing in these terms of business shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or for breach of the terms implied by section 12 of the Sale of Goods Act 1979 relating to title and quiet possession. Subject thereto, we will not be liable to you 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. Our total liability to you shall in no circumstances exceed the price of the products. This limitation of liability applies to all damages of any kind, including (without limitation) compensation, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
  28. Each of the paragraphs of these terms of business 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.
  29. We may change any of these terms by posting the revised terms of business here. If and when we do so, they will come into effect immediately. The latest effective date is the date at the bottom of this page. You agree that posting the date of the latest change to these terms here is sufficient notice to you and that your continued use of this site and ordering from us after that date means you agree to the changed terms.
  30. All disputes or claims arising out of or in connection with a contract or its formation or any non-contractual disputes or claims will be governed by UK law. You and we agree to the exclusive jurisdiction of the UK courts.

Please refer to our privacy policy and cookie policy for information applicable to all users of this website.

EFFECTIVE DATE: These Terms were last updated on 24 October 2015.

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