Terms and Conditions of Sale
1.1 This website is www.jenflow.co.uk owned and operated by JenFlow Systems Ltd, a company registered in Scotland under company number SC526771 with its registered office at Wdm, Oakfield House, 378 Brandon Street, Motherwell, Lanarkshire, Scotland, ML1 1XA.
VAT Number: 234 3454 24
Telephone: 01922 907711 / 01922 401893
1.3 The categories of the products available to purchase via our website include but are not limited to:
- Epoxy resin products, resin bound aggregate, polyurethane, stone veneers, adhesives for stone veneers, microcement, polished plaster;
- Supply of machinery including grinding, industrial vacs, dust extractors, resin bound machinery, resin bound tooling, tooling for polishing concrete and floor preparation; and
- Supply of services such as our training courses.
2. Your Order and Contract
2.1 When you place an order with us, you are making an offer to buy products and/or services. We will send you an e-mail to confirm that we have received your order.
2.2 Once we have reviewed your order we will e-mail you again to confirm the products and/or services are dispatched and that a contract has been made between us. When we send you our written acceptance of your order, you have a binding contract with us, and these terms and conditions are part of it. The Order plus these terms and conditions is your “contract”.
2.3 In the unlikely event that the products and/or services are no longer available, or that we have made a pricing error, we will advise you on this. You will not receive an e-mail confirming acceptance of your order and there will be no contract between us.
2.4 Images of products and/or services on this website are for illustrative purposes only. Your products and/or services may vary slightly from the image and description shown on the website.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual products.
2.6 Whilst we try to be as accurate as possible all information provided is approximate and is provided in good faith.
2.8 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
2.9 You confirm that except where such information is already apparent from the context of the transaction, we have provided you with the following information prior to the formation of the contract between us and you: a) the main characteristics and description of the products and services (with particular emphasis on product variation from sample/ descriptions and uniqueness as set out further in these terms and conditions; b) our identity and contact details; c) the total price for the products and/or services including taxes or, if the nature of the products and/or services is such that we price cannot be calculated in advance, the manner in which it will be calculated; d) where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated; e) where applicable, the arrangement for payment, delivery and the time by which we undertake to provide the services; f) our complaints handling policy; and g) our legal duty to supply our products and/or services that are in conformity with the contract.
2.10 If we send you an invoice prior to arranging delivery of the products it is your responsibility to make sure that you review the invoice for any discrepancies. If you proceed with your order based on an invoice that we create this will be your confirmation that the invoice is correct.
3. How to Place Order and Payment Terms
3.1 You can use our website to place an order by selecting the products and/or services you wish to buy and adding them to your basket. Items do not require to be removed from your basket at any time by changing the basket quantity to 0 and updating the basket. If you prefer by telephone you can do so by calling 01922 907711 or 01922 401893
3.2 Delivery charges will be shown prior to placing your order.
3.3 You will be required to pay for the products and/or services in full at time of ordering. We may change prices for our products and services at any time unless you order has already been accepted.
3.4 We use secure payment facilities for online purchases. You can pay for your products and/or services by Visa, MasterCard, or Delta/Connect using World pay
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds and do not include Value Added Tax, this will be applied at the checkout stage of your order current rate.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.8 Once your order is complete we will notify you of the dispatch date.
3.9 If you are a consumer you may only place your order if you are at least 18 years of age.
4. Delivery of the Products and Services
4.1 Products will normally be dispatched from our warehouse within 3-5 working days from our acceptance of your order and any estimated dispatch date is an estimate, which can change without notice.
4.2 We will normally deliver your products within 2-3 working days of dispatch. We will give you a delivery notice with each delivery specifying the order date, the order reference number, the type and quantify of products and any storage/maintenance instructions (or refer to where this information can be found) and the outstanding balance of the order if we are delivery products by instalments.
4.3 Depending on quantity ordered your order may arrive in more than one delivery.
4.4 We can deliver our products worldwide. Delivery outside of mainland Great Britain & Northern Ireland will incur additional shipping costs. Please feel free to contact the Jenflow team if you require shipping costs for outside of the UK.
4.5 We will deliver all the products to your premises you specify on your order. You must be at the address to accept delivery of your order, which will normally be between the hours of 9:00am and 6:00pm Monday-Friday.
We will not accept responsibility for loss or damage if you instruct the delivery company to leave the products unattended.
4.6 Most our products are relatively weighty items and you may be required to assist the driver in offloading your order.
4.7 Disposal of packing materials is your responsibility.
4.8 After two failed delivery attempts the products may be returned to the warehouse and we reserve the right to charge you an additional re-delivery charge.
4.9 If you change the delivery address once the products have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.10 Please check the products on delivery – any products found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within a reasonable time and in any case within 14 days from the day of delivery.
4.11 If the products are lost or damaged in transit, please let us know promptly.
4.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the products. You should tell us about any special requirements when you place your order.
4.13 Sometimes, for reasons beyond our control we may be prevented from delivering your products or services as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible, however we cannot be responsible where this causes a delay or failure in delivery your products and/or services.
4.14 Time is not the essence of the contract unless expressly stated otherwise in writing by the Director of our company.
4.15 We will arrange for the services to be provided to you, as set out in the order.
4.16 We will supply the services to you, with reasonable skill and care based on our confirmed dates. We can amend the services if it is necessary to comply with the law, or if the changes do not affect the nature and quality of the services.
4.17 You agree to cooperate with us and comply with any provisions contained in the order and our reasonable requests in order for us to be able to provide our services.
4.18 If we cannot supply the services because you have prevented us from doing so we can stop supplying the services until you have rectified the matter at your own cost.
4.19 If we fail to deliver any products and/or services, our legal responsibility to you will be limited to the price that you paid to us for the products and/or services. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other instructions.
4.20 If we refuse to provide products and/or services (and this is not due to you breaching this contract), you may treat the contract as being at an end and we will reimburse you without undue delay. Alternatively, you may, instead of treating the contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver, you may treat the contract as being at an end and we will reimburse you without undue delay.
4.21 The risk of damage to the products or their loss passes to you on completion of delivery. Ownership of the products passes when you have paid us for them in full. Until the ownership passes to you, we will still own the products.
5. Cancellation and Returns
5.1 Clauses 5.1-5.8 apply to consumers only and do not apply to products and/or services ordered by businesses that are not defined as consumers under the Consumer Rights Act 2015 or any products and/or services which are exempt from the right to cancel.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this please e-mail or write to us. We are unable to accept cancellations by phone. You may not cancel your order once we have provided the services, as we will have already incurred manpower and costs in providing the services to you.
5.3 You do not have to give a reason for cancellation, however a brief explanation will help us to improve the service we offer to customers in future.
5.4 If you cancel, you must return the products within 14 days of cancellation complete with the original packaging to us at your own expense. You must ensure products are packaged adequately to protect against damage.
5.5 If you fail to return the products and/or services we will collect them and we will charge you the direct cost of collection. If you fail to take reasonable care of the products and/or services before they are returned to us and this results in damage or deterioration, we will charge you from the reduction in value.
5.6 We will refund all monies paid to us by you less any costs due under this contract.
5.7 There is a restocking fee of 20% incurred on any item you return.
5.8 Any order that is bespoke, such as epoxy pre-blended with pigment specifically for your order, and packaged specifically to an order is non-refundable as we are not able to re-sell such bespoke products.
5.9 We may cancel your order at any time before we begin the provision of the services or the delivery of the products if: a) the products are no longer in stock and we are unable to re-stock (if, for example, the products are discontinued); b) an event outside of our control set out in clause 7.2 continues for more than 14 days; or c) we need to make any changes or alterations to services.
5.10 If we cancel your order under sub-clause 5.9 and you have already paid for the products or services, the payment will be refunded to you within 14 days. If we cancel your order, the cancellation will be confirmed by us in writing.
This cancellation policy does not affect your legal rights – for example, if products and/or services are faulty or miss-described.
6. Faulty Products and/or Services
6.1 You acknowledge that prior to placing your order you were advised and that you hereby accept that due to the materials and processes used to supply our products, the end product you receive will be unique, with characteristics which will make it different to previous samples, photographs and/or descriptions. We therefore cannot guarantee that any illustrations, photographs, samples or descriptions are precisely accurate. Given the bespoke nature of our products, many of which are effectively created for you specifically, including without limitation any individual characteristics, such as natural colour variation, discolouration, marks or imperfections including airborne particles, debris or insects are not considered to be defect. We recommend that clear permanent UV window film is used for epoxy systems to block UV light that may lead to discolouration over time.
6.2 Subject to clause 6.1, our products are of satisfactory quality and are suitable for any purpose that we have specified.
6.3 Our services are performed with reasonable skill and care and to the reasonable standard.
6.4 If there is a problem with the products and/or services, please notify us by e-mail or in writing providing details of the problem. It’s helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the products and/or services for inspection. We deal with the matter in accordance with your legal rights.
6.5 If exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement products will not be dispatched until the original products have been received at our warehouse and checked.
Costs of returning products and/or services to us is your responsibility, however we will refund your reasonable postage costs providing that the products are found to be faulty. If the products are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
6.6 Within this time scale we will replace defective products free of charge, at our discretion, providing that you have returned to us any faulty products upon request.
6.7 If an item is no longer available, we will offer an alternative. However, our liability will be to replace the faulty products only and we are unable to guarantee an exact match. For instance, you will have the option of a refund.
6.8 Where we replace faulty products you are responsible for their disposal if that have not previously been returned to us.
6.9 We are unable to guarantee and exact colour match due to the nature of the products.
7.1 The products and/or services sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses and our total legal responsibility to you under the contract will not exceed the price of the order. You should therefore not book installation of the products and/or services until you have received them and inspected them. These terms and conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors, fraud, defective products under the Consumer Protection Act 1987, breach of the requirements that our products be of satisfactory quality, fit for purpose, match a sample (subject always to clause 6.1), or match a model seen (subject always to clause 6.1), or any other matter that the law say we cannot exclude or limit (for example under the Consumer Rights Act 2015). Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, pandemics, epidemics, deliberate damage, or being let down by suppliers or sub-contractors.
7.3 On purchasing products and/or services from Jenflow Systems Ltd it is the user’s responsibility to satisfy themselves as to the suitability and application of such products and/or services for their own use. Jenflow Systems Ltd offer training in the use of our products and we recommend attendance prior to application. We do not accept responsibility or liability for customers or trained installers work. Before any installation of our products and/or services we recommend you test the products for their intended use. We also suggest you read our Technical Data Sheets, as well as any written or oral instructions that we give to you on the use, storage, installation, after care or maintenance of each product prior to proceeding with application. Our technical data sheets provide useful information including shelf life of our products and storage conditions. We will not be liable if you alter or repair the products, abnormal storage, misuse or deliberate damage. It should also be noted that epoxy resin systems may discolour on exposure to UV light and Jenflow Systems Ltd takes no responsibility in regards to discolouration of applied systems. Recommendations to reduce discolouration are given within our Technical Data Sheets & through our training courses. Statements made by you that differ from information provided or inferred on the Technical Data Sheet(s) without referencing those documents shall constitute proof that user did not read/follow/understand those documents and thus has no claim against Jenflow Systems Ltd. All information in regards to Jenflow Systems products and/or services are given in good faith, based on current knowledge and experience but we have no control over the quality or the conditions of the substrate or the many differing factors affecting use and application of the product. It relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process. Such information is to the best of our knowledge and belief, accurate as of the date indicated.
7.4 It is your responsibility to ensure that you use our products safely, including following advice given in technical data sheets and manufacturing instructions. When working with resin ensure that appropriate safety equipment and PPE are used and any ventilation requirements are met.
8.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
8.2 Nobody other than we and you may rely on any terms of this contract.
8.3 Changes to the contract are only binding if we agree them in writing.
8.4 If either of use wishes to give a notice to the other under the contract, we must give it by email. The time of delivery shall be deemed to be the time of transmission. This arrangement does not apply to the service of any documents in legal proceedings.
8.5 Delay in exercising a right under this contract will not take away that right or any other right.
8.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint by contacting us at firstname.lastname@example.org.
8.7 All complaints are handled in accordance with our policies and procedures.
8.8 The parties will use their best efforts to negotiate in good faither and settle any dispute that may arise out of or relate to this contract or any breach of it.
8.9 Any dispute shall not affect the parties’ ongoing obligations under the contract.
8.10 This contract operates under English law and only the courts of England will have the right to deal with any disputes arising out of it. If you are a consumer you may have the right to bring a claim in a court of a UK jurisdiction where you reside.
Website Disclaimer for www.jenflow.co.uk
This disclaimer details our obligation to you regarding our website. This disclaimer has been provided and approved by legal forms provider LegalCentre.co.uk Please read this disclaimer in full before you use this website. Using the website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
Use of Website
1.1 You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our permission. Material on this site must not be republished online or offline without our permission.
1.2 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without prior consent.
1.3 Subject to paragraph 1.1, no part of this website may be reproduced without our prior written permission.
When using this website you shall not post or send to or form this website any material for which you have not obtained all the necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to civil liability, or otherwise is contrary to the laws of any of the jurisdictions within the United Kingdom.
3.1 We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.
Links to and from other Websites
4.1 Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2 If you would like to link to this website, you may do so on the basis that you link to, but do not replicate any page on this website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
4.3 If you choose to link to our website in breach of paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Exclusion of Liability
5.1 We take all reasonable steps to ensure that the information on this website is correct. However we do not guarantee the correctness or completeness of material on this website. Neither we nor any third party shall be liable r responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of this website. This exclusion shall include servicing repair costs and, without limitation and other indirect or consequential loss.
Law and Jurisdiction
This Legal Notice shall be governed by and constructed in accordance with Scots Law. Any dispute(s) arising in connection with this Legal notice are subject to the exclusive jurisdiction of Scotland and United Kingdom
Jenflow Systems Ltd reserves the right to use any digital imagery (photos, videos etc) of any surfaces where Jenflow's products have been used.
Jenflow approval post training does not guarantee the correct application of Jenflow Systems Ltd products. Jenflow Systems Ltd does not provide warranty or responsibility for work carried out by any approved installer. Jenflow Systems Ltd reserves the right to withdraw certification/approval at any time without warning if it is believed that an installer has brought the company’s reputation into disrepute.
On completion of our training course an installer’s approval is only recognised when installing Jenflow products. We do not approve any installer’s work when using other products. If an installer decides to use our brand name and states Jenflow approval when installing other products we reserve the right to take legal action where necessary. If we believe an installer is using our name and bringing our companies reputation into disrepute we reserve the right to take legal action. We recommend that any customer who is approached by a tradesperson stating that they are a Jenflow Approved Installer contact Jenflow directly to confirm their status.
Jenflow Systems Ltd reserves the right to use any photographs that contain Jenflow products (stated within the Law & Jurisdiction paragraph of these terms).
All photographs present within this website or any of Jenflow Systems Ltd social media channels are owned by or licensed to Jenflow. You may not in any form or by any means:
- Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any parts of this website; or
- Commercialise any information, product(s) or services obtained from any part of this website, without having received prior written consent.
We understand for marketing purposes Jenflow customers may wish to use Jenflow photographs. Prior to using any photographs written consent from Jenflow must be obtained. You must not assume that attending a Jenflow training course or purchasing Jenflow product(s) grants you rights to use Jenflow imagery. Our written consent may be removed at any time, which you will receive in writing.
Any photography taken during a Jenflow training programme will be for advertising purposes only. Prior to commencement of training, each customer will be required to fill in a Data Protection form enabling us to store and process information &/or photographs of customers for administrative and advertising purposes.
Website product photographs : We do our best to ensure photographs represent the products as best as possible. All photographs are for illustration purposes only and colour variation will occur due to inconsistencies with various screen monitors, lighting sources, digital photography. We cannot guarantee the colour displayed on the screen accurately portrays the true colour of the product. Screen images are intended as a guide only, and should not be considered as absolutely correct. For metallic pigments colour variation will also occur once the pigment is mixed in with resin. We recommend you test the product on a smaller scale prior to proceeding.