1. THESE TERMS
1.1 What these Terms cover. Together with our Privacy Notice, and any other of our relevant website based policies etc. (which are expressly incorporated into these terms), these are the terms on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you (and we) may change or end the contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or that they require any changes), please contact us by email (to support@flumeclass.com) so as to advise us of the issue.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are ‘flumeclass.com’.
2.2 How to contact us. You can contact us by email sent to support@flumeclass.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address (or postal address) that you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” (or “written”) in these terms, this phrase includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you contact us to purchase the product and we email (or otherwise contact) you back to accept the order by paying the amount shown in the invoce, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order. We will aim to inform you of this promptly, and will not charge you for the relevant product. This might be because the product is out of stock and/or not currently available, because of unexpected limits on our resources (which we could not reasonably plan for), because any credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product.
3.3 Your order number / reference. We will assign an order number / reference to your order, and tell you what it is (when we accept your order). It will help us, if you can tell us the order number / reference (whenever you might contact us about your order).
4. OUR PRODUCTS
4.1 Any images of our products on our websites are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any products. Your product may vary slightly in appearance from those images.
4.2 Making sure your requirements are accurate. If we are producing any product to your requirements (which you have provided to us), you are responsible for ensuring that such requirements are correct and appropriate.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to any product you have ordered please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change any product:
(a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and
(b) to implement minor technical adjustments and improvements; for example to address a security threat. These changes should not affect your use of any product.
6.2 More significant changes to the products and these terms. In addition (as we informed you in the description of the product on our websites), we may make more significant changes to the product and these terms, but if we do so, we will aim to promptly notify you, and you may then contact us to end the contract before the changes take effect, and receive a refund for any products paid for but not received.
6.3 Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it (that we provided to you before you bought it).
7. PROVIDING THE PRODUCTS
7.1 We will make the digital content available for download by you shortly after we have accepted accept your order.
7.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know, and we will aim to take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, (but if there is a risk of substantial delay, you may contact us to end the contract, and receive a refund for any products you have paid for but not received).
7.3 When you own goods. You own a product (which is goods) once we have received payment in full.
7.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems, or make minor technical changes;
(b) update the product (to reflect changes in relevant laws and regulatory requirements); and/or
(c) make changes to the product as requested by you, or notified by us to you (see paragraph 6).
7.5 Your rights if we suspend the supply of products. We will aim to contact you in advance to tell you that we will be suspending supply of products, unless the problem is urgent (or an emergency). If we have to suspend products (for longer than an immaterial period of time) we will adjust the price, so that you do not pay for products while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than an immaterial period of time, and we will refund any sums you have paid in advance for products in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or a service re-performed or to get some or all of your money back) – see paragraph 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do – see paragraph 8.2;
(c) If you are a consumer and have just changed your mind about the product – see paragraph
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in sub-paragraphs (a) to (e) below, the contract will end immediately, and we will refund you in full for any products which have not been provided (and you may also be entitled to compensation). The reasons are:
(a) we have told you about an upcoming change to the product or these terms, which you do not agree to (see paragraph 6.2);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the product may be significantly delayed because of events outside our control;
(d) we have suspended supply of the product for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than an immaterial; period;
or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind. For most products bought online, you have a legal right to change your mind within fourteen (≤14) days, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do NOT have a right to change their minds. Your rights as a consumer to change your mind do not apply in respect of digital products, after you have started to download or stream these.
8.5 How long do consumers have to change their minds? Have you bought any digital content for download or streaming? If so, you have fourteen (14) days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by email. Contact us via support@flumeclass.com. Please provide your name, details of the order and, where available and your phone number.
9.2 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products (including delivery costs), by the method you used for payment.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. In all other cases, your refund will be made within fourteen (≤14) days of your telling us you have changed your mind.
9.4 How you will receive your funds. All the funds will be credited to the bank account you have paid from.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about any product, please contact us. You can email us at support@flumeclass.com.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
11.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. See the text below for a summary of your key legal rights in relation to products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions.
If your products are digital content, for example: online courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you’re entitled to a repair or a replacement.
if the fault can’t be fixed, or if it hasn’t been fixed (within a reasonable time and without significant inconvenience), you can get some or all of your money back.
if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’).
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product will be the price indicated on the invoice we will have sent to you. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see paragraph 12.3 for what happens if we discover an error in the price of any product you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we offer for sale may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable (and could reasonably have been recognised by you as a mispricing), we may end the contract, refund you any sums that you have paid, and require the return of any goods provided to you.
12.3 When you must pay and how you must pay. We accept payment with VISA and MASTERCARD credit and debit cards. You are free to inform us what currency you want to pay in (GBP, USD, CAD, NGN, KGS, PHP, HUF, GIP etc). For digital content, you must pay for the products before we make them available for you to download them.
12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
13. GOVERNING LAW
Our Services and this Agreement operate under the laws of the UK, excluding any principles of conflict of laws. By utilizing our Services, you accept that any issues or disputes arising from this use will be resolved under the exclusive legal jurisdiction of the courts in the UK.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information pursuant to the provisions set out in our Privacy Notice.
