This agreement applies as between you, the User of this Web Site and Helifly (UK) Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;|
|“Carrier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Goods”||means any products or vouchers that Helifly advertises and / or makes available for sale through this Web Site;|
|“Helifly”||means Helifly (UK) Ltd, incorporated under UK law ;|
|"Service”||means collectively any online facilities, tools, services or information that Helifly makes available through the Web Site either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at:
3 Cecil Pashley Way,
|“System”||means any online communications infrastructure that Helifly makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Helifly and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (www.helifly.co.uk) and any sub-domains of this site (e.g. subdomain.helifly.co.uk) unless expressly excluded by their own terms and conditions.|
2. Age Restrictions
Payment for Goods online are processed via PayPal and require a valid credit / debit card.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Helifly’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Helifly is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Helifly cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Helifly, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Helifly.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Helifly or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.6 You must not impersonate other people, particularly employees and representatives of Helifly or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Helifly reserves the right to monitor any and all communications made to us or using our System.
Helifly uses Google Checkout to process orders. This service allows website users to use one payment interface via Google. Consequently no account information is held by Helifly on our System. Problems using or accessing Google Checkout should be addressed to Google.
12. Termination and Cancellation
12.1 Helifly reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.2 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.3 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Helifly correspond to the actual Goods, Helifly is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 All pricing information on the Web Site is correct at the time of going online. Helifly reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.3 In the event that prices are changed during the period between an order being placed for Goods and Helifly processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.4 All prices on the Web Site include VAT. Helifly’s VAT number is 923 2472 39.
14.1 Helifly will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Helifly receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods with no problems.
15. Returns Policy
Helifly aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered you should contact us within 10 days to arrange collection and return. Helifly is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Helifly within 10 days and arrange collection and return. Helifly is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Helifly within 7 days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
15.4 If you wish to return Goods to Helifly for any of the above reasons, please contact us using the details on www.helifly.co.uk/contactus.htm to make the appropriate arrangements.
17.1 Helifly makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
Helifly reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Helifly is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Helifly accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Helifly accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Helifly’s liability for death or personal injury resulting from any negligence or fraud on the part of Helifly.
20.3 Nothing in these Terms and Conditions excludes or restricts Helifly’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Helifly shall be governed by and construed in accordance with the Law of England and Wales and Helifly and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.