Midland Flags - Terms & Conditions

Introduction

These terms and conditions apply to both new and existing customers of Midland Flags / Midland Imports Ltd. Please read the entire terms and conditions before purchasing goods from us, and note that we reserve the right to change these terms and conditions at any time, and may do so without notice, so please do not assume that these same terms will apply in the future.

 

About Midland Flags

The midland-flags.co.uk website is owned and controlled by Midland Imports Ltd, a specialist in the import and supply of flags and other related items. Midland Imports Ltd. is an incorporated company registered in England with the company registration number 05185732. The registered office address of Midland Imports Ltd is Unit 3 Grove Road Industrial Estate, Stoke on Trent, Staffordshire, ST4 4LG, United Kingdom. If you need to contact us, you can do so via the contact form on our website, or by post to our office address.

 

Definition

In these terms and conditions "Midland Flags", "midland-flags.co.uk", "We", "Us", "Our" means Midland Imports Ltd. The "Buyer", "Customer", "Purchaser", "Recipient", "Receiver", "Reseller" means the company or person dealing with us as a registered customer. The headings in this list are for convenience, and may not contain the entire conditions on a subject.

 

Electronic Communications

 

When you visit Midland Flags or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright

 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Midland Flags or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Midland Flags, with copyright authorship for this collection by Midland Flags, and protected by U.S. and international copyright laws. The software application provider and author for "Open Cart", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for Open Cart remains the intellectual rights of www.opencart.com.

 

Trademarks

 

Midland Flags trademarks and trade dress may not be used in connection with any product or service that is not Midland Flags, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Midland Flags. All other trademarks not owned by Midland-Flags.co.uk or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Midland Flags or its subsidiaries.

 

Payment and Refund Policy

 

Midland Flags accepts payment online through the SagePay, Stripe and PayPal gateways, and accepts most major Credit and Debit cards (excluding Amex). Midland Flags does not capture any payment details, SagePay, Stripe, and PayPal handle the taking of payment details on their own websites respectively, for more information visit their respective sites. Midland Flags can provide a refund for stock items that are unused, unopened and still in the original packaging. You must contact Midland Flags to initiate a return, and you need to be provided with a returns ID number in order for us to process a return. Delivery is non refundable and Midland Flags must receive the returned products before a refund can be given as the returned stock must be checked to ensure it is unused and resalable. It is at the discretiton of Midland Flags whether or not we agree to accept a return, and it is the descretion of Midland Flags whether or not a restocking fee is withheld from the refund amount. In no event, are any of our delivery times guaranteed, and any issues and costs as a result of a late delivery are at the responsiblity of the customer- in no event does Midland Flags guarantee delivery times including pre-orders where times have been estimated, and any returns or refund request after a late delivery may still be refused by us.

 

Please note that any items which have been made to order or personalised, can not be returned unless faulty, due to their unique nature. Made to order items include custom printed items, and items created especially on a made to order basis to fulfill event* orders. To return made to order items which are faulty, please contact us first to inform us of the issue and see if we can find a solution. If not we will decide whether or not to agree to receiving a return, at which point we will issue a returns ID number. When the return has been received by Midland Flags, it is at our discretiton whether or not we agree that the item is faulty and whether or not it qualifies for a return and/or refund. Delivery times are not guaranteed for any items. 'Event' may refer to a customer's own event where stock requirement exceeds our held stock level, or a public event such as a sporting event or national holiday.

 

Delivery Terms

 

Midland Flags uses various companies for the handling of order delivery. Delivery times are not guaranteed, as they are out of our control once in the hands of the courier. Midland Flags are not liable for any loss due to untimely delivery of goods. The delivery times quoted on our website are estimations in all cases, and are the delivery targets quoted to us by the various carriers. Midland Flags can only proceed with a lost item claim, after the required number of days have elapsed per service, per carrier. Please contact us to discuss this. If goods are delivered later than required, and are not longer needed, please contact Midland Flags to request a return- However, returns for items no longer required will only be granted if usual return criteria is met, and subject to usual returns terms, excluding custom items which can't be returned even if delivered late

 

License and Site Access

 

Midland Flags grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Midland Flags. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Midland Flags. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Midland Flags and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Midland Flags name or trademarks without the express written consent of Midland Flags. Any unauthorized use terminates the permission or license granted by Midland Flags. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Midland Flags so long as the link does not portray Midland Flags, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Midland Flags logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Membership Account

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Midland Flags and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Reviews, Comments, Emails and Other Content

 

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Midland Flags reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Midland Flags and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Midland Flags and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Midland Flags or its associates for all claims resulting from content you supply. Midland Flags has the right but not the obligation to monitor and edit or remove any activity or content. Midland Flags takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Risk of Loss

 

All items purchased from Midland Flags are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Colours and Designs

 

Although we make every effort, colours are not guaranteed and unless they vary massively to what is shown on our website we do expect that customers will accept items with colour or design differences. Computer monitors can show colours differently depending on settings or the type of display. Batches of flags can vary in colour and design due to changes in production or source, and many flag designs do not have official pantone colours to refer to. If a particular shade of colour is required, please ask us in advance of ordering and we will check our stock, and try our best to help

 

UK VAT

 

Midland Flags is a trading name of Midland Imports Ltd, a UK vat registered business; our vat number is GB785838759. All orders on our website are sold at website pricing, and any applicable vat for orders sold to UK based customers is absorbed into that price and referenced on the invoice with the VAT amount. UK based customers are welcome to email us to request a VAT invoice if required, and we will email a .pdf file of the invoice. Any orders delivered to countries outside the UK, including those in the European Union are charged the same "website pricing" however in this case of International it does not include VAT, instead customers based outside the UK should refer to the "Overseas Tax" section below.

 

Overseas Tax (Including countries in the EU, following Brexit)

Any orders sent to customers with addresses outside the United Kingdom, will not be charged any tax by us. Instead, any applicable import duty, VAT and brokerage fee may be collected when your package/s are delivered by the carrier. TheFlagWholesaler is not responsible for these charges, as we are only charged the transportation cost for the shipments by the courier. We strongly advise that you check your country's rules of import and classification to determine what tax you may be expected to pay when importing goods from the United Kingdom. We can not refund any international shipments which are refused, and they will be treated as abandoned if the customer has refused to accept them. Any refused or abandoned deliveries which are returned to us, will have the carriage and any incurred import tax/duty on the return charged to the customer. 

 

Product Descriptions

 

Midland Flags and its associates attempt to be as accurate as possible. However, Midland Flags does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Midland Flags itself is not as described, your sole remedy is to contact us to discuss the issue and arrange return if the item qualifies - Please note that made to order and personalised items can not be returned unless faulty- please see full returns section of our terms and conditions.

 

Use of Flags and Symbols in Public 

 

At Midland Flags, some items in our range are available for purchase and worldwide delivery which may be controversial if used in public, including but not limited to flags bearing the Nazi emblem, and the confederate flags. At Midland Flags we offer certain sensitive items for sale, as not only do we aim to offer the most thorough selection of world flags possible, but also as many of these are important historical flags which are often used in re-enactments and theartre plays. We do not condone any public use of these items as flags, banners or otherwise. The responsibility is yours, the customer, to ensure you are not breaking any local law in your country by using these flags with sensitive symbols or designs in public.

 

Disclaimer of Warranties and Limitation of Liability

 

THIS SITE IS PROVIDED BY Midland Flags ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Midland Flags MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Midland Flags DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Midland Flags DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Midland Flags ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Midland Flags WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS

 

Applicable Law

 

By visiting Midland Flags, you agree that the laws of the state of UK, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Midland Flags or its associates

 

Disputes

 

Any dispute relating in any way to your visit to Midland Flags or to products you purchase through Midland Flags shall be submitted to confidential arbitration in UK, except that, to the extent you have in any manner violated or threatened to violate Midland Flags intellectual property rights, Midland Flags may seek injunctive or other appropriate relief in any state or federal court in the state of UK, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Site Policies, Modification and Severability

 

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Midland Flags. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Site Cookies and Personal Data

 

When visiting Midland Flags you agree to the use of cookies, this is not limited to those used for your shopping session and also includes any other cookies stored on your computer when visiting Midland Flags. By registering for an account with Midland Flags you agree that we may use the information provided by you for Midland Flags and its subsidiary and parent companies for email marketing, Midland Flags will never share or sell your details with any other companies, groups or individual and will always include an option to be removed from our database in any marketing email made by Midland Flags and its partners.

 

Questions

 

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Email us at: sales@midland-flags.co.uk