Terms of Use

Effective as of 13 November 2018

1. General Information Regarding These Terms of Use

This section (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.facialflex.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2. Information about us

www.facialflex.co.uk is a site operated by Facial Toning Solutions Limited (“We”). We are registered in England and Wales under company number 4791786 and our registered office address is Granville Hall, Granville Road, Leicester, Leicestershire, England, LE1 7RU

3. Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use,your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Your registration rights

Each registration is for a single user only. You should not share your user name or password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you. You are entirely responsible for any and all activities which occur under your user account.

6. Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7. Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;

and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

9. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic-bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

10. Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please write to us at our registered office.

11. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

14. Your cancellation rights

If you are a consumer, you have a legal right to cancel the contract between you and us under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep any goods, you can notify us of your decision to cancel the contract and receive a refund.

Advice about your legal right to cancel the contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. However, due to hygiene reasons this cancellation right does not apply in the case of:

(a) Facial‑Flex® once the shrink wrap seal around the box has been opened.

(b) Flex-bands

If the goods have not been dispatched we will cancel your order and refund you the full purchase price and delivery charges you have paid.

If the goods have already been delivered to you, you have a period of fourteen days in which you may cancel, starting from the day after the day you receive the goods. To cancel your order you must contact us in writing by sending an email to office@facialflex.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you cancel your order we will refund you the price you paid for the Products but not the delivery charges.

If your order is cancelled we will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

1. 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;

2. if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.

If you return the Products to us because they are faulty or misdescribed, we will send you a replacement or refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to our authorised carrier;

(b) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us. If the Product is one that cannot be returned by post, we estimate that if you use the carrier that delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

15. Your concerns

If you have any concerns about material which appears on our site, please write to us at Facial Toning Solutions Ltd. P.O. Box 10470, Markfield, LE67 9XP or at our registered office.

Thank you for visiting our site.

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