1 Information About Usexpressusbsticks.de ("our website") is a website operated by Flashbay Limited ("we, our, us"). We are registered with Companies House (UK) in England and Wales under company number 04676938 and with our registered office and trading address is 6 The Fountain Centre, Imperial Wharf, Fulham, London SW6 2TW United Kingdom and our contact details are telephone number +44(0) 207 584 0609, fax number +44(0) 870132 5835, email . Our VAT number is GB 8 32 2989 09. The Directors of the company are Stephen Webster and Ieuan Williams. Flashbay Ltd engages only in Business to Business sales (B2B), and does not sell to individual consumers. The following are therefore business to business terms and conditions.
2 How the Contract is formed between You and Us2.1 After placing an order, you may receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. 2.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation. 2.3 Any quotation is given on the basis that no Contract shall come into existence until we send the Order Confirmation. Due to the fact that our products include components with daily fluctuating cost, we reserve the right to revise any quotations for our product and related services without prior notice.
3 Description3.1 The quantity and description of the Products shall be as set out in our quotation or Order Confirmation. 3.2 All samples, drawings, descriptive matter, specifications and advertising we issue and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them.
4 Delivery4.1 Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 4.2 If we deliver to you a quantity of Products of up to 5% more or less than the quantity ordered, you shall not be entitled to object to or reject the Products or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate. 4.3 We may deliver the Products by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract. 4.4 Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle you to repudiate or cancel any other Contract or installment. 4.5 You shall be deemed to have accepted the Products after fourteen (14) days after delivery unless we are otherwise advised.
5 Non-Delivery5.1 The quantity of any consignment of Products as recorded by us or our agent upon Order from our or our agent's place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. 5.2 If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Products shall pass to you (including for loss or damage caused by our negligence); (b) the Products shall be deemed to have been delivered; and (c) we or our agent may store the Products until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 5.3 We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within seven (7) days of the date when the Products would in the ordinary course of events have been received. 5.4 Any liability of ours for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
6 Cancellation of Order6.1 You may not cancel any order or part or any order which is due for delivery within forty five (45) days. You may not be permitted to cancel an order where we have already begun the process of customization and where the Product has been rendered impossible to resell in the process. Any cancellation request will only be accepted by written notice provided you pay to us such amount of cancellation charges as we shall notify in respect thereof. 6.2 If you commit any breach of these Terms or if: (a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of your business, or any proceedings are commenced relating to the insolvency or possible insolvency of your business; or (b) you suffer or allow any execution, whether legal or equitable, to be levied on your or obtained against you, or you fail to observe or perform any of your obligations under the Contract or any other contract between us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or (c) you encumber or in any way any of the Products ("Insolvency Events") we may, at our discretion, cancel the contract between us.
7 LicenceBy entering into this Contract you acknowledge the fact that you are granting us a non-exclusive licence to use your trade mark for the purpose of customisation of the Products and their associated packaging.