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Terms & Conditions

Introduction

These terms and conditions apply to both new and existing customers of TheFlagWholesaler / Midland Imports Ltd. As a B2B/commercial supplier, the following terms are not subject to distance selling regulations. Please read the entire terms and conditions before doing business with 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 TheFlagWholesaler

TheFlagWholesaler website is owned and controlled by Midland Imports Ltd, a specialist in the import and wholesale 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 "TheFlagWholesaler", "The Flag Wholesaler", "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 TheFlagWholesaler 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 TheFlagWholesaler 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 TheFlagWholesaler, with copyright authorship for this collection by TheFlagWholesaler, 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

TheFlagWholesaler trademarks and trade dress may not be used in connection with any product or service that is not The Flag Wholesaler, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TheFlagWholesaler. All other trademarks not owned by TheFlagWholesaler 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 TheFlagWholesaler or its subsidiaries.

 

Payment Policy

TheFlagWholesaler accepts payment online through the WorldPay and Sagepay gateways, and accepts all major Credit and Debit cards excluding Amex. TheFlagWholesaler does not capture any payment details, Stripe and Sagepay handle the taking of payment details on their own websites, for more information visit www.stripe.com and www.sagepay.com. TheFlagWholesaler uses a Captured Delay system when taking payment, this means that your order will be checked against stock levels to ensure that it can be supplied before you are charged. In the rare event that an order can not be met due to item/s being out of stock, you will be contacted by TheFlagWholesaler. 

 

Shortages, Returns and Cancellations

TheFlagWholesaler will not accept a return unless you have contacted us first to discuss the issue and have been given a returns reference number by us. Any items returned to us without a returns reference number will not be accepted. If you would like to discuss a return, please contact us via the contact form on our website and we may grant a return depending on the circumstances, please note this will totally be at our discretion. We do not offer a sale or return service. In the event that items we have supplied are considered faulty, then please contact us to discuss a solution. Please notify us of any shortages within 3 days of receipt of goods, and we will discuss a solution. 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 TheFlagWholesaler guarantee delivery times, and any returns request after a late delivery may still be refused by us. TheFlagWholesaler does not accept order cancellations in any circumstances. If an order has been placed with a deposit, this will be non-refundable with no product supplied in the event the full payment can not be made.

 

Colours and Designs

Although we make every effort, colours and designs are not guaranteed and unless they vary massively to what is shown on our website we do expect that customers will accept items with minor 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

TheFlagWholesaler are a UK vat registered business; our vat number is GB785838759. We charge Vat (currently 20%) to all customers based in the UK (including Northern Ireland. Any orders delivered to countries outside the UK, will not be charged any VAT by us, and instead they should refer to the "Overseas Tax" section below. Customers in Northern Ireland will still pay us UK VAT at 20% and will not pay any additional duty or tax, however they may have additional responsibilities depending on their type of business, after Brexit/Jan 1st 2021 - see the UK governments free "Trader Support Service" for more guidance. 

 

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. 

 

Quality of goods

As a specialist importer and wholesaler of budget items made in the far east, we, TheFlagWholesaler do expect customers to be realistic about quality expectation on our low cost items. We expect all customers to accept items of a reasonable quality for the cost, and in the case of minor issue, we expect resellers to supply their customers with replacements at their own cost, if required. We would advise resellers to price their items suitably, and we do not encourage our budget items to be sold under false premium descriptions. In no event do we guarantee product quality, although we will make every effort with our suppliers to maintain consistency there may of course be slight variation in quality due to the item source. If you would like to place any order with us, then we do encourage you to explore the full product range and take an effort to understand the various qualities available, and you may of course contact us to discuss product quality before ordering.

 

License and Site Access

TheFlagWholesaler 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 TheFlagWholesaler. 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 TheFlagWholesaler. 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 TheFlagWholesaler and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing TheFlagWholesaler name or trademarks without the express written consent of TheFlagWholesaler. Any unauthorized use terminates the permission or license granted by TheFlagWholesaler. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TheFlagWholesaler so long as the link does not portray TheFlagWholesaler, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TheFlagWholesaler 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. TheFlagWholesaler 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. TheFlagWholesaler 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 TheFlagWholesaler 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 TheFlagWholesaler 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 TheFlagWholesaler or its associates for all claims resulting from content you supply. TheFlagWholesaler has the right but not the obligation to monitor and edit or remove any activity or content. TheFlagWholesaler takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Risk of Loss

All items purchased from TheFlagWholesaler 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.

 

Product Descriptions

TheFlagWholesaler and its associates attempt to be as accurate as possible. However, TheFlagWholesaler 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 TheFlagWholesaler itself is not as described, your sole remedy is to return it in unused condition.

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY TheFlagWholesaler ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. TheFlagWholesaler 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, TheFlagWholesaler DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TheFlagWholesaler DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TheFlagWholesaler ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TheFlagWholesaler 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 TheFlagWholesaler, you agree that the laws of the 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 TheFlagWholesaler or its associates

 

Disputes

Any dispute relating in any way to your visit to TheFlagWholesaler or to products you purchase through TheFlagWholesaler shall be submitted to confidential arbitration in UK, except that, to the extent you have in any manner violated or threatened to violate TheFlagWholesaler intellectual property rights, TheFlagWholesaler 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

lease review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to TheFlagWholesaler. 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 TheFlagWholesaler 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 TheFlagWholesaler. By registering for an account with TheFlagWholesaler you agree that we may use the information provided by you for TheFlagWholesaler and its subsidiary and parent companies for email marketing, TheFlagWholesaler 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 TheFlagWholesaler.

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 on our website.

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