Terms & Conditions
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to) tells you the terms and conditions on which We sell any of the products (Products) listed on our website www.electroflytes.com (our Website) to you.
Please read these terms and conditions carefully before ordering any Products from our site.
INFORMATION – ABOUT US
www.electroflytes.com is a site operated by Thirsty Business Limited (“We”). We are registered in England and Wales under company number 11588738 and with our registered office at Unit 16 Riverview, Station Road, Forest Row, RH18 5FS. Our email address is: email@example.com.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old; and,
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will 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 availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when We send you the Dispatch Confirmation.
We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We are entitled to refuse any order made by you for any reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
YOUR RIGHT TO CANCEL THE CONTRACT
If you are an EEA customer you have a right to cancel a Contract under the Consumer Contracts Regulations at any time within 14 calendar days (“the Cancellation Period”).
In the case of an order for a single Product, the Cancellation Period begins on the day after you received the Product.
In the case of an order for multiple Products, the Cancellation Period begins on the day after you received the last Product in your order (in the event that the Products are delivered on different dates).
If the Products are delivered on the same day, the Cancellation Period begins from the day after the Products are delivered.
For further information how to cancel a contract and when your statutory cancellation rights may or may not apply please see our Shipping & Returns Policy.
As an alternative to using your rights under the Consumer Contracts Regulations you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
YOUR RIGHT FOR A REFUND
If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the Products within 30 days (“the Refund Period”).
If you are an EEA customer and cancel your contract within the Cancellation Period you will receive a full refund of the price paid for the products within the Refund Period.
The Refund Period starts from the day after We receive the Products back from you, or (if earlier) the day on which you provide Us with evidence you have returned the Products.
Please note We can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the Products and this results in the value of the Products being diminished.
We refer you to our Returns Policy for more information on returns and refunds.
EUROPEAN COMMISSION ONLINE DISPUTE RESOLUTION
If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at http://ec.europa.eu.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then without undue delay.
In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
PRICE AND PAYMENT
The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which We have already accepted.
Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO, ELECTRON and AMERICAN EXPRESS.
If you are purchasing from the EEA/Worldwide please be aware that prices are subject to currency exchange rates in line with the bank you are purchasing from. All prices advertised are subject to such changes.
Only one promotion code can be used per order.
If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
make good any shortage or non-delivery or incorrect delivery; or replace or repair any Products that are damaged or defective; or refund to you the amount paid by you for the Products in question.
We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
Nothing in this contract shall exclude or limit your statutory rights.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold harmless Thirsty Business Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
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 events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action. 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.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
AFTER- SALE SERVICE
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
If you have any complaints these should be addressed in writing to Thirsty Business Limited, Unit 16, Riverview, Station Road, Forest Row, East Sussex, RH18 5FS.
PROMOTION TERMS AND CONDITIONS
Official ElectroFlytes promotion codes entitle you to an offer on your online order from www.electroflytes.com. To utilise your promotion code, enter the specific promotion code in Discount and click the “Apply” button on the order summary page. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of Thirsty Business and we reserve the right to withdraw them and refuse or restrict any order at any time.
Promotion codes are only valid on www.electroflytes.com for payments made by residents of the United Kingdom and Ireland in Sterling.
Terms and conditions for website usage
The term “Thirsty Business Limited” or ‘Electroflytes’ or “us” or “we” refers to the owner of the website whose registered office is Unit 16, Riverview, Station Road, Forest Row, East Sussex. RH18 5FS. Our company registration number is 11588738 in England and Wales. The term “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
New York Competition T&C’s
Residents of the United Kingdom and Republic of Ireland aged 18 or over only, except employees and agents of the Promoter, Thirsty Business Limited and anyone otherwise connected with the operation or fulfilment of the Competition (including third party promotional partners) and their respective associated, affiliated or subsidiary companies, and the immediate families and household members of all such employees and agents.
The Competition starts at 09:00 am (UK time) on 1st December 2018 and closes at 23:59 pm (UK time) on 28th February 2019 (the Competition Period). Any entries received outside the Competition Period will be void.
To enter you must tag post a clear picture containing an ElectroFlytes product and use the social media tag @electroflytes on either Instagram, Twitter or Facebook during the Competition Period in accordance with the game rules (the official entry method).
The Promoter reserves the right to remove or temporarily suspend from the Competition any entries submitted if, in its reasonable opinion, it suspects any breach of these Terms and Conditions or if it receives any complaint from a third party relating to such entry.
Entries received which are not submitted via the official entry method will not be accepted. Use of script, macro or any automated system to enter the Competition is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete or fraudulent entries will be rejected. Participants should be aware that they may be subject to data charges depending on their own individual arrangements for Internet access if they enter the Competition online or by email.
Winners and Prizes
There will be 1 winner. One prize per winner. The winner will be the entrant who is selected at random on 1st March 2019.
The prize is a holiday for 2 people to New York. Prize includes a 4-night stay at a 4-star hotel in New York City to be agreed between Promotor and Winner. Winner will be sharing a double room. Accommodation is provided on Bed & Breakfast basis only. Prize includes return economy flights from a UK airport to be agreed with the Promotor and Winner. Prize includes transfers from JFK Airport to hotel only. Prize excludes UK transfers. The Winner is responsible for getting to and from UK airport at their own expense. Subject to availability, prize must be booked in advance. Prize must be taken before 31 August 2019, except on the following dates UK Bank holidays and School holidays, subject to availability. Winner and his/her guest must travel on same itinerary. All parts of prize must be used in conjunction with same booking. Winner and his/her guest is solely responsible for ensuring they have valid travel documentation (including passport/visa/visa waiver as may be required), obtaining adequate travel insurance and appropriate vaccinations / inoculations for foreign travel at their own expense.
Prizes are as stated and are non-exchangeable and non-transferable. There is no cash or other alternative to the prize in whole or in part.
The winner is responsible for paying all associated costs that are not specifically stated in any Promotional materials or these Terms and Conditions, including (where applicable) transport, accommodation, meal costs, spending money, insurance and all other incidentals. Winners are also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prize. By participating in the Competition, participants agree that the prize is awarded on an “as is” basis, and that neither the Promoter nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the prize.
In the event that, for reasons beyond the Promoter’s reasonable control the Promoter is unable to award the prize as described in these Terms and Conditions, the Promoter reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize. The Promoter also reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize if in its reasonable discretion it is appropriate to do so.
Winner Announcement and claiming of prize
Winners will be notified by email or using the other contact details provided to the Promoter within 14 days after the end of the Competition Period. All reasonable endeavours will be made to contact the winner during the specified time. If a winner cannot be contacted or is not available, the Promoter reserves the right to re-draw another winner from the valid/correct entries that were received during the Competition Period. Winners may be required to submit valid identification before receiving their prize.
Winners will be required to confirm acceptance of the applicable prize within 14 days of having been notified. If the winner has not claimed their prize by the date specified or the winner refuses or is unable to provide an eligible postal address for receipt of their prize, the Promoter reserves the right to award the prize to another participant.
The prize will be delivered within a reasonable time and by no later than 28 days after the prize has been accepted.
For a list of winners please send a stamped self-addressed envelope by no later than 28 days after the end of the Competition Period to Thirsty Business Limited, Marketing Department, Unit 16, Riveriew, Station Road, Forest Row, East Sussex. RH18 5FS stating for which Competition you would like winners’ details.
Data Protection and Publicity
Participants’ names and general locations will be published or made publically available if they are the winner of the Competition in accordance with regulatory requirements, both during this and future promotions by the Promoter. This includes making their name available on the Promoter’s websites and social media platforms.
Participants will retain copyright in their submitted entries to the Competition, however, by entering, all entrants grant the Promoter a worldwide, royalty-free, perpetual licence to edit, publish and use each Competition entry in any and all media (including print and online) for publicity and news purposes. Participants represent and warrant that they have all rights necessary to grant the rights provided for in this paragraph 21, and that all materials forming part of their entry to the Competition, and any use of such materials by or on behalf of the Promoter, comply with all applicable laws, rules, and regulations and do not infringe or otherwise violate the intellectual property or other rights of any third party.