Terms & Conditions
TERMS AND CONDITIONS OF WEBSITE USE AND PURCHASE
1.1. These are the terms and conditions of website use and purchase for www.flyteactive.com (the "Website"). The Website is operated by North Lane Group Limited ("Flyte", "we", "us" and "our"). All orders placed on the Website are made directly with us. We are a limited company registered in England with registered company number 11554668 and with registered office address at 2.01 Lincoln House, 1-3 Brixton Road, London, SW9 6DE, United Kingdom. Flyte's VAT Registration Number is GB307526120.
1.2. Your purchase of any of the products ("Products") offered on the Website is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them.
1.3. Your general use of the Website will be subject to these terms and conditions and by using the Website you agree to be bound by them.
1.4. You should print a copy of these terms and conditions for future reference.
1.5. Flyte may amend these terms & conditions from time to time by changing them on the Website, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 5 September 2019 to make clear that the Website is operated by North Lane Group Limited.
1.6. Use of your personal information submitted to or via the Website is governed by the privacy and cookies policy.
2. Access to the Website
2.1. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.
2.2. We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
3. What you are allowed to do
3.1. You may only use the Website for non-commercial use and to purchase Products and only in accordance with these terms and conditions. You may retrieve and display content from the Website on a computer screen, print and copy individual pages and store such pages in electronic form. Content from the Website may be downloaded, viewed, listened to (where appropriate), printed and, subject to the next section, copied on the hard disk of your computer and photocopied in reasonable numbers. Any other type of use requires our prior written agreement.
3.2. Additional terms may also apply to certain features, parts or content of the Website and, where they apply, will be displayed on-screen or accessible via a link.
4. What you are not allowed to do
4.1. Except to the extent expressly set out in these terms and conditions, you are not allowed to:
'scrape' content or store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website; remove, transmit or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted; or create links to the Website from any other website, without our prior written consent.
4.2. You must only use the Website and anything available from the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation.
4.3. All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
5.1. When making a purchase through the Website, you will need to register and create an account with us.
5.2. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware.
5.3 We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.
5.4 In order to purchase any Product from the Website, you must be 18 years of age or over.
5.5 You should ensure that you exit from your account at the end of each session, especially if you are accessing the Website from a shared or public computer.
6. Referrals and Account Credits
6.1. At certain times there may be the option to refer friends and family ("Prospects") to the Website via the 'Share With Friends' referral section on the Website ("Referral").
6.2. You may not use alternative email addresses to refer themselves or refer friends/family that use the same delivery and/or billing address as you.
6.3. The mass recruitment of referrals who do not fall within your friends and family category, referred by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with the Website or by reproducing a part of the Website's catalogue, is strictly prohibited and shall not be deemed a Referral. However, you are not limited on the number of friends and family that you refer to the Website, so long as they genuinely are friends and family.
6.4. You may also refer friends and family via Facebook or Twitter, by clicking on the appropriate link on the 'Share With Friends' referral section on the Website. Please note that this will take you to the Facebook or Twitter website (as appropriate) so you should be aware of the terms and conditions applicable to the use of those websites.
6.5. You may be eligible for an account credit ("Account Credit") for each Referral that you make to us. Account Credits can be used by you for redemption against purchases made on the Website.
6.6. In order for a Referral to generate an Account Credit, the following must apply:
the individual to whom the Referral has been sent must: (i) not already be a customer or have previously purchased anything from the Website in the past; (ii) go on to make a purchase from the Website; the Prospect must make a purchase from the Website within 180 days of being sent the Referral and must not return their purchase within the allowed returns period (as set out in these terms and conditions). Where the Prospect makes a purchase containing multiple items, an Account Credit will be awarded unless the Prospect returns all of the items ordered; and as stated above, the Referral must be to a friend or family member.
6.7. The following additional terms and conditions relate to Account Credits:
Account Credits can only be issued to and redeemed by a customer who has a valid account.
Account Credits can only be redeemed by the customer to which the Account Credit was originally issued, and cannot be transferred or assigned to any other person.
Account Credits can only be redeemed at the time at which an Order is made by following the instructions provided to you through the Website from time to time. An Account Credit cannot be used in relation to an Order after the Order has been placed.
Account Credits usually have an expiry date which will be communicated to you when the Account Credit is issued. Typically, Account Credits will expire 12 months after the date of issue, unless otherwise notified. You must redeem the Account Credit before the expiry date (if applicable) or it will expire. No replacement Account Credit will be issued for an expired Account Credit.
There is no restriction on the total sum of Account Credits you can accumulate, however, you may not collect more than one Account Credit per Prospect. You may use any number of Account Credits, up to the total value of an Order, when making a purchase. This excludes delivery charges which cannot be paid for with Account Credits.
Account Credits may be redeemed against Orders which include promotional offers from Flyte.
If you return an item purchased using an Account Credit, Flyte will issue the refund as an Account Credit of the same value used, with the remainder due refunded to your payment card or PayPal or Amazon account (as applicable), where part payment was made via your payment card or PayPal or Amazon account.
Account Credits have no cash redemption value and you shall not be entitled to any payment from Flyte in respect of redemption (or expiry) of an Account Credit.
One account is permitted per person. Any person found to have multiple accounts will forfeit all accrued Account Credits and his/her account of the Website.
Flyte may at its sole discretion deem an Account Credit void.
If there are any other restrictions or conditions applicable to the Account Credit, these will be notified to you at the time of issue or redemption.
6.8. The value of the Account Credit for each Referral is as set out on the Website from time to time. Please note that we reserve the right to amend the value of an Account Credit as set out on the Website from time to time. We calculate the value of an individual Account Credit due to you as at the date on which the referred individual makes their first purchase, which could be a different value from the amount that was stated in the 'Share With Friends' referral section on the Website on the date when you originally sent the Referral. We will send you an email as soon as the referred individual has made their first purchase which will set out the value of the Account Credit as of that date so you are clear how much your Account Credit is worth.
6.9. If Flyte should become aware of any breach by a customer in the use of the referral system, including any breach of the referral terms set out in this section, it reserves the right to take any steps it feels is appropriate, which may include without limitation, the deletion of the customer's account and/or removal of Account Credits from the customer's account.
6.10. Flyte reserves the right to terminate any referral rewards scheme at any time and will not credit any outstanding referred accounts that qualify for credit under the scheme after the scheme's termination. Flyte will however honour any Account Credits that are valid as at the date of the scheme termination, unless otherwise notified to the contrary.
7. Placing an Order
7.1. Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order ("Order") up until the point at which you submit your order to us by clicking the "Place Order & Pay" button on the checkout page.
7.2. If you click on the "Place Order & Pay" button Flyte will treat this as an offer by you to purchase the Products subject to these terms & conditions. You are responsible for ensuring the accuracy of your Order. When you place an Order we will send you an Order acknowledgement email containing all of the details of your Order. This is not an acceptance by us of your Order but is simply a confirmation that we have received your offer to purchase the Products. All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order.
7.3. Non-acceptance of an Order may be as a result of (but is not limited to) one of the following: the Product ordered being out of stock; our inability to obtain the authorisation of payment; the identification of an error within the Product information, including price and promotion (see further below); or you not being aged 18 or over.
7.4. You do however, acknowledge that by clicking on the "Place Order & Pay" button, you enter into an obligation to pay for the Products and at this point you will be charged for the total value of the Order. This amount will be refunded to you in full in the event that we are unable to fulfil your Order for any reason. You will receive your refund as soon as possible and, in any case, within 14 days of being informed that we are unable to fulfil your Order.
7.5. Our acceptance of your Order will take place when we send you a despatch confirmation email ("Despatch Confirmation"). If you have ordered Products, this will confirm that the Product(s) have been despatched. The contract between you and us in relation to the Product(s) ordered ("Contract") will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
7.6. The Contract will relate only to the Product(s) whose despatch or supply we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your Order until the despatch or confirmation of such Product(s) has been confirmed in a separate Despatch Confirmation.
7.7. In the event that an item is out of stock, you will be informed as soon as practically possible. Where all items in an Order are unavailable, the Order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. Where some items in an Order are unavailable, those that are available will be despatched and a refund will be made for those that are unavailable. Delivery charges will still apply (see the Delivery and Returns page on the Website for detail). You will receive any applicable refund as soon as possible and, in any case, within 14 days of being informed of the unavailability of any items.
8. Pricing and Payment
8.1. The price of the Products shall be the price listed on the Website on the date of your Order.
8.2. Prices are inclusive of VAT but exclusive of delivery charges which will be automatically added to the total amount due once you have selected your delivery destination and chosen delivery method. Delivery charges are as set out in our Delivery and Returns page on the Website. Please note that VAT will not be charged where you are purchasing Products from a territory where VAT does not apply or which is VAT exempt. Not all Products are eligible for VAT and the rate of VAT may vary by delivery destination.
8.3. All prices displayed on the Website are quoted in UK Pounds. Prices must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website.
8.4. Prices and delivery costs are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Despatch Confirmation.
8.5. The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our despatch or confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your Order and notify you of such rejection.
8.6. Payment for all Orders must be made by credit or debit card or via Paypal or Amazon account on the checkout page. We accept payment by most major credit and debit cards, including Visa, Mastercard and Visa Debit.
8.7. You should be aware that online payment transactions may be subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
8.8. You guarantee that you are fully authorised to use the credit/debit card supplied, or the PayPal or Amazon account used, for the purposes of paying for your Order and that this credit/debit card or PayPal or Amazon account has sufficient available funds to cover all of the purchase price of the Products.
8.9. From time to time we may run promotions where we issue discount codes. Discount codes will usually be emailed to you or advertised on the Website. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used during the period of validity or for the number of uses stated and only in respect of the relevant Product(s) stated. We may also set a minimum spend against which a discount code can be used. Discount codes cannot be redeemed for cash. Only one discount code may be used per transaction, unless otherwise stated.
9. Restrictions on the Number of Units Purchased
9.1. The number of units of any particular Product that you may purchase may be limited to a specific number of units, if applicable this will be stated on the Website. Attempts to purchase more than this amount may result in your entire Order being rejected. For the avoidance of doubt, placing single or multiple Orders where the total number of units purchased exceeds the stated amount of a given item is not permitted.
10.1. Your Order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances. Until the point of Despatch an estimate of the despatch date is provided in the “My Account Orders" section of the Website.
10.2. Your Order will be delivered to the delivery address you specify when placing your Order, unless you opt (where available) to collect it from one of the collection points offered from time to time.
10.3. A current description of how collection works can be found in the Collect + FAQ on the Website. If you opt for the collection service, your entire Order will be delivered to your chosen collection point and will be available for collection by you from the date notified to you by the applicable Collect + location. When collecting your Order, you should take with you the Despatch Confirmation along with some form of identification (see the Collect + FAQ on the Website for a list of acceptable identification).
10.4. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your Order. We reserve the right not to deliver to any country that is prohibited by applicable export laws.
10.5. Deliveries are made by Royal Mail (within the United Kingdom) or other national mail service, or courier. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
10.6. Deliveries will be made to your door. Our courier will not be responsible for any additional carrying, unpacking or positioning of Product(s). If you order a large, heavy or bulky Product, you should check carefully, before ordering, that its dimensions (allowing for packaging) will allow it to pass freely through the doorways, corridors and, if relevant, stairways of the delivery address.
10.7. Products comprised within the same Order cannot be delivered to different addresses.
10.8. Products delivered in the United Kingdom with a value of £15 and over will usually be sent via tracked delivery and you will be provided with a tracking number (see below for further detail here). Products delivered in the United Kingdom with a value of under £15 will usually not be sent via tracked delivery.
10.9. Lost packages: A delivery tracking number will usually be given (you can find this in the Despatch Confirmation or by visiting the "My Account > Orders" section of the Website) so that you can track the progress of your Order. You should allow up to 24 hours from the receipt of the Despatch Confirmation for the tracking number to be available, although this may be available sooner.
If you cannot trace your Order via this tracking number you must get in touch with us via the Website, on email: firstname.lastname@example.org, or go to the courier's website (if applicable and as detailed on the Despatch Confirmation).
We will begin an enquiry as soon as is practicable after you contact us, and you will be updated with any progress in tracing the Order by email. Please note that it may take up to (and in some circumstances beyond) 21 working days for the postal service or courier to trace the Order. If the Order is traced it will then be sent to you in accordance with our normal delivery procedure. If the Order cannot be traced, we will notify you and either send you a replacement Order free of charge, or where this is not possible (due to the Product(s) being out of stock, for example) proceed with a full refund for your Order (including delivery charges if any).
11. Delivery Across International Borders
11.1. If your Order crosses an international border, it may be opened and inspected by customs authorities.
11.2. If your Order is for delivery outside the UK/EU, it may be subject to import duties and taxes. 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.
11.3. Please also note that you must comply with all applicable laws and regulations of the country for which the Order is destined. We will not be liable for any breach by you of any such laws.
11.4. By confirming your purchase, you agree that, where applicable, you will act as the importer of record for any products purchased and hereby authorise North Lane Group to nominate a customs agent or their delegated sub-agents to act as your direct or indirect representative. This will allow them to clear your products with the relevant customs and tax authorities in the country of destination and pay any local import fees, duty or tax (if applicable) for each item purchased on your behalf.
12. Risk and Ownership
12.1. Risk of damage to or loss of the Products will pass to you on delivery at the agreed address. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
13. Cancellation Rights
13.1. Except in relation to certain Products set out below, you may cancel a Contract at any time before your Order is delivered and up to 14 days afterwards, beginning on the day after your Order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection points offered by our courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party.
13.2. To cancel a Contract, you must clearly inform us, preferably:
a. in writing, via the Website or by email to email@example.com giving us your name, address and order reference; or
b. by completing our cancellation form available on the Website at Model Cancellation Form and returning it to the address specified in that form.
13.3. If your Order has been delivered to you, you must follow our returns procedure (see below).
13.4. We will send you an email to confirm that we have received and are processing your cancellation request.
13.5. If you cancel, we will refund to you the full price paid (including delivery charges, if any) for the Product(s) in accordance with our refunds policy (see below).
13.6. Please note that your right to cancel does not apply to the following Products:
Products that have been personalised or made to your own bespoke specifications.
Products that are perishable, such as food items.
Audio and/or visual recordings or computer software where the sealed packaging has been opened.
Hygiene-sealed items (such as swimwear or underwear, for example), where the sealed packaging has been opened.
Newspapers or magazines (unless purchased on a subscription basis) unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.
14. Returns Procedure
14.1. You will need to obtain a return authorisation number ("Return Number") for the Product(s) you wish to return, which you can obtain on the “My Account > Returns” section of the Website. You will need to include the Return Number on the packing slip sent to you with the Product(s) together with your return.
14.2. You must return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your Order).
14.3. You have a legal obligation to take reasonable care of the Product(s) while in your possession. Items should be returned with the original branded Product packaging and tags still attached, and the Products must be in an unused condition (except only in the case of Products which have been discovered to be faulty upon use). You should not return Products if (in our reasonable opinion) they have been damaged as a result of fair wear and tear, deliberate damage, accidental damage (by you or a third party other than our couriers), negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the Products without manufacturer approval. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
14.4. To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address and the Return Number (enclosing any returns slip, if we have providedone inside the parcel) and then return it to us by recorded delivery mail or other form of certified mailor, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the following address: Flyte Returns c/o Whistl, Rushden 2, Belkin House, Shipton Way, Rushden, NN10 6GL, United Kingdom, or to the address shown on your returns slip if different.
14.5. You are responsible for the risk of returning the Product(s) so we advise you to use a recorded delivery service and take out enough carriage insurance to cover the value of the contents. You should retain the proof of postage until our receipt of the Product(s) is confirmed by email.
14.6. Except in the case of faulty Products, you are responsible for the cost of returning Products.
14.7. If you are returning faulty Products, please ensure there is a copy of the postal cost receipt returned with the faulty Product(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges unless otherwise agreed by us in writing.
14.8. Details of the consumer rights described above and in Section 13, and an explanation of how to exercise them, are provided in the Despatch Confirmation. Nothing in this Section 14 or Section 13 affects your legal rights.
15. Refunds Policy
15.1. If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery, although please note that delivery charges will be refunded only where an entire Order is returned. However, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
15.2. If the Products have not been despatched from our warehouse at the time you cancel a Contract we will process any refund due to you as soon as possible and, in any case, within 14 days of the email we send you to confirm that we have received and are processing your cancellation request.
15.3. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
16. Faulty Products
16.1. If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
17. Product Information and Description
17.1. Any content on the Website which contains any descriptions, specifications, drawings or photographs of the Products is published for guidance only. Whilst we will take reasonable care to ensure that details appearing on the Website are depicted as accurately as possible, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
18. Product Use
18.1. You should take appropriate care when using equipment purchased from our Website and should ensure that you carefully read and comply with any instructions or use parameters as specified in relation to the Product.
19. Intellectual Property
19.1. You acknowledge and agree that all intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) shall remain at all times owned by us, or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
19.2. “Flyte” is a registered trade mark of North Lane Group. No use of this trade mark is to be made by you except for the purpose of referring to Flyte lawfully and in good faith only and in accordance with the above.
20.1. We may change the format and content of the Website from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your sole risk.
20.2. Whilst we try to make sure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
20.3. Except to the extent that we state otherwise in these terms and conditions, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.
20.4. We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
21. User Generated Content
21.1. The Website may offer pages to which you can contribute user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages, chat rooms, message boards, and/or news groups (collectively "User Content Areas"). We do not control the material submitted to User Content Areas (collectively "User Submissions"), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
21.2. If you participate in any User Content Areas, you must:
only use the User Content Area for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment;
keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic;
not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any User Submission containing any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
not submit any User Submission containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
21.3. You grant to Flyte a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable right and licence to publish, use, reproduce, modify, adapt, translate, create derivative works from and display such User Submissions (in whole or part) and to incorporate it in other works in any form, media or technology including other Flyte websites, applications and publications. You waive any moral rights you may have in, or to be identified as the author, of such User Submission. You shall however remain the owner of copyright in any such User Submission and shall be free to republish it wherever you wish, subject to any other restraints.
21.4. In relation to User Submissions, you acknowledge and agree:
that Flyte does not accept any responsibility for any statements, material or other submissions placed on online forums by you or any third party, or, subject to Section 24.1, for any loss or damage resulting from your breach of the restrictions set out in these terms and conditions; and
to indemnify Flyte from any and all claims and liabilities (including legal fees) which arise from you posting any User Submission in breach of the restrictions set out in these terms & conditions.
21.5. Whilst we do not view or edit or pre-screen User Submissions, we reserve the right, at our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
21.6. Complaints about the content of any User Submission can be made by sending an appropriately worded email to: firstname.lastname@example.org and must contain details of the specific User Submission giving rise to the complaint. We will take whatever action we deem appropriate.
22. Gift Vouchers
22.1. You may be able to purchase gift vouchers ("Gift Vouchers") on the Website, to send as a gift to someone. You will be asked to provide the recipient's name and email at the time of purchase. You can also leave a personalised message. The Gift Voucher will then be sent to the recipient via email.
22.2. Flyte Gift Vouchers are redeemable against any Products on the Website, subject to these terms & conditions.
22.3. Gift Vouchers will expire 12 months after the date of purchase.
22.4. Gift Vouchers cannot be exchanged for cash.
22.5. Multiple Gift Vouchers may be used in the same transaction.
22.6. Gift Vouchers may be used in conjunction with other accepted payment methods, in order to make purchases greater than the value of the Gift Voucher.
22.7. Gift Vouchers may be used in conjunction with other discount vouchers & store credit.
22.8. Gift Vouchers cannot be bought using any other form of store credit or discount code.
22.9. Please treat Gift Vouchers as cash; they cannot be replaced if lost, stolen or damaged.
22.10. If you do not spend the entire balance of the Gift Voucher, the remaining balance will be held on the Gift Voucher for future use within the expiration period.
22.11. If you change your mind about the purchase of a Gift Voucher, you can ask for a refund by following the process set out in Section 15 above. We will then inform the recipient that their Gift Voucher has been cancelled. Please note that you cannot cancel the purchase of a Gift Voucher during the 14 day cooling off period if it has already been redeemed (in whole or part).
22.12. If you have made a purchase with a Gift Voucher (in whole or in part) and you would like to return your purchase, you will be refunded the amount paid in the form of store credit.
23. Third Party Links
23.1. To provide increased value to our customers and users we may provide links from this Website to other websites or resources for you to access at your sole discretion. Whilst we hope you will be interested in those websites, you acknowledge that:
we are not responsible for the availability of such external sites or resources;
the content on those pages is not subject to our control, and we do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy policies of such websites, for their content (including any advertising, content, products or services on or available from such websites), or the use to which others make of these websites;
subject to Section 24.1, we are not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content available on such external websites or resources.
24. Limitation of liability
24.1. Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded under Part I of the Consumer Protection Act 1987; or
for any other liability that, by law, may not be limited or excluded.
24.2. Subject to Section 24.1, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
24.3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
25.1. Any breach of any of these terms & conditions may lead to suspension of access to the Website, or even closing of a customer's account.
25.2. The information on this Website does not necessarily reflect the views and opinions of Flyte. Neither should any suggestions or advice contained on this Website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this Website before entering into any commitment based upon them.
25.3. In the event that any condition of these terms & conditions is held to be invalid, void or unenforceable, the remainder of these terms & conditions shall remain valid and enforceable.
25.4. If we fail to enforce any of our rights, that does not result in a waiver of that right.
25.5. Any contract entered into pursuant to these terms & conditions is binding on our respective successors and assignees.
25.6. You may not transfer, assign, charge or otherwise dispose of a contract that we enter into, or any of your rights or obligations arising under it, without our prior written consent.
25.7. All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
25.8. These terms and conditions may not be varied except with our express written consent.
25.9. These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.
25.10. In the event of a dispute relating to these terms & conditions and/or your use of the Website and/or in relation to any Contract, you shall first contact Flyte in order to attempt to reach an informal solution. Failing this, the parties may seek any remedies available to them at law, including without limitation, issuing legal proceedings in accordance with these terms and conditions.
25.11. These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
25.12. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
26. Contacting us
26.1. Please submit any questions, concerns or comments you have about these terms and conditions, or an order you have placed or ordering in general, by email to email@example.com, or write to us at:
2.01 Lincoln House
1-3 Brixton Road
These are the terms and conditions of website use and purchase for www.flyteactive.com (the "Website"). The Website is operated by North Lane Group Limited ("Flyte", "we", "us" and "our"). All orders placed on the Website are made directly with us. We are a limited company registered in England with registered company number 11554668 and with registered office address at 2.01 Lincoln House, 1-3 Brixton Road, London, SW9 6DE, United Kingdom. Flyte's VAT Registration Number is GB307526120.