Use of this website is governed by the Terms and Conditions below. By using our website you agree and consent with these terms of business.
1. DEFINITIONS AND COMPANY INFORMATION
1.1 Vapour Flow Limited (a company in England and Wales under Company Number 04950095) with registered place of business at Henley Business Centre, Newtown Road, Henley-on-Thames, RG9 1HG (hereafter referred to as “Vapour Flow”, also “us, we, our, etc”).
1.2 “You, your, etc” terms refer to you, the customer, who is defined as the order placing party, and to whom the ordered products are delivered for the purpose of private ownership and use.
1.3 If you have any issues or questions regarding the products we offer, or ongoing orders/replacements you can contact Vapour Flow at https://www.rhldirect.com/contact. Our customer service team will be happy to assist with any queries or concerns.
1.4 y submitting your email address and telephone details when registering you agree to being contacted by us via email or telephone, if necessary, regarding your or query.
2. THE TERMS OF BUSINESS
2.1 The terms and conditions laid out below relate to the use of Vapour Flow’s website for the purpose of placing purchase orders of various ventilator and air flow control products sold through our website. These terms and conditions set out our obligations and responsibilities in the course of providing such products to you.
2.2 Please read through the terms and conditions carefully before opting to purchase products from our website.
2.3 “Products” means any products sold through this website, whether specifically relating to our own brand or otherwise, and extending to any accessories and accompanying products.
2.4 Vapour Flow act as retailers and distributors for the respective manufacturers and/or authorized distributors (“the supplying party”) of the Products, and our agreement with them extends only in so far as providing marketing services and a retail sale platform for the Products. Vapour Flow are not the manufacturers of the Products and accordingly, any liability with respect to manufacturing defect, or failure in quality, is expressly denied, and must be made to the supplying party.
2.5 In the event of any dispute or concern over the quality of the Products purchased by you through this website, Vapour Flow will facilitate communications with the respective supplying party with a view to assisting in resolving any disputes. For the removal of doubt, Vapour Flow do not accept any liability arising out of the Products, and all such risk remains with the supplying party without limitation as far as permitted in law.
2.6 If you believe we have missed anything within these terms and conditions, do not hesitate to contact us directly. Additionally, if you do not agree with the proposed terms and conditions you must not use the website for purchasing the Products.
2.7 The Products may require some assembly, and installation for proper use. Vapour Flow cannot accept any liability or concerns with the Products arising from incorrect usage, or arising from the Products being installed by an uncertified person or persons, or any errors in the installation process.
3. CONTRACT INFORMATION
3.1 Upon purchasing through this website, you will receive an order confirmation receipt via email. This represents an agreed contract between you (customer) and Vapour Flow (company).
3.2 In the unlikely event that Vapour Flow cannot fulfil your order due to a lack of stock or listing errors, we will contact you to inform you of our inability to complete the order, and you will not be charged. In the event this information comes to light after you have made payment, Vapour Flow will offer alternative products, or a refund, at the customer’s discretion. There may be a period of 3-5 working days prior to a refund taking effect, and we apologize for inconvenience caused in advance in the unlikely event such a scenario occurs.
3.3 If we have reason to believe for any reason that the purchase of the Products is associated with a prohibited or reckless use, or are to be used in a manner contrary to law, we reserve the right and absolute discretion to cancel the order. For the removal of doubt, we reserve an absolute discretion to cancel any order made, and the customer will be fully reimbursed for the sums they have paid.
3.4 When an order is accepted, you will be provided with an order number. This will be emailed to you. If you have any issues or questions relating to your order, please quote this number when contacting customer services to assist with your request.
If you wish to cancel your order, please contact our customer services department and we will arrange termination, and offer further advice about the order termination process. Please note that if an order is cancelled after the order has already been dispatched to you, any return of the order will be at your own cost for postage, and there will be no refund of any postage charge for your order.
4. RECEIPT AND USE OF PRODUCTS
4.1 Before using any of the Products purchased through our website, please take care to carefully remove the packaging. We ensure the highest standards are maintained in the packaging and shipping of the Products, to protect fragile contents. However accidents in shipping do occur, and you must notify us immediately if a Product has been damaged in transit, so we can communicate this to our delivery partners. Any claim of a Product having been damaged in transit will not be accepted if made more than 7 days after successful delivery of the Product.
4.2 In the event that there is any damage to the packaging upon receipt of your order, please take photographs of the damaged areas, as this will assist in pursuing any claims for compensation, in the event of any damage to the products.
4.3 Where a claim form has been provided by the delivery company due to damage to the packaged order during transit, please ensure to retain this form as it will assist in securing replacement Products or a refund for the Products.
4.4 You must exercise care and responsibility when opening the packaging of the Product, which extends to the removal of any covering, caps, or tags. Any damage caused to the Product by you in the process of opening the packaging will not be accepted as a reason for return, and we reserve the right to charge you in full for any Product you have so damaged.
4.5 The Products must be used strictly for their defined purpose, and their use must be responsible and in accordance with any laws. For the removal of doubt, once the Products are received by you, title in the goods transfer to you and it becomes your responsibility to ensure that any use is lawful, including supervising use by any minors or restricted parties that may have access to the Products in your possession. Vapour Flow cannot be held responsible, or replace any Products, which have been used inappropriately, or not for their intended use, or for any harm or injury arising therein.
4.6 In the event the goods have been opened and the purchase of the goods were by consultation by RHLdirect or VapourFlow, including, email, consultation questionnaire phone call or site survey, no refund is available under the consumer contract legislation
5. OUR RIGHTS TO MAKE CHANGES
5.1 Vapour Flow aim to provide our customers with the best possible experience in ordering and enjoying the Products. To that end we reserve the right to make changes to the offered Products, or to comply with any new or reviewed legislation, and will always attempt to do so with reasonable notice on this website.
5.2 While every effort will be made to ensure that such changes are seamless with our customer’s experience, in the event that any offered Product subsequently becomes unavailable due to such a change, we will in the first instance try our best to see the selected Products order satisfied, and if this is not possible, then to offer alternatives or a refund at the customer’s discretion.
5.3 We may also have improvements made to the Products, the packaging, or any other contents of an order, in response to customer feedback. This may result in minor changes to the cosmetic design and formulation of the packaging.
5.4 The supplying party may make changes to the Products from time to time, to improve customer experiences, or for any other reason, whether or not such reason is communicated to us. While we will endeavour to always make customers aware of such changes, if such a change drastically alters the Product, please contact us without delay so we can forward your concerns to the supplying party.
6. LIMITATION OF LIABILITY
6.1 Our liability is limited to the maximum extent permitted in law, and will only relate to negligence on our part. Where such is the case, our liability is limited only to direct loss incurred, which is restricted to the maximum value of your Order only. There is no liability or compensation for indirect losses, loss of opportunity, or any other loss. Where the law sets a standard of liability higher than this, then that minimum standard in law will instead apply.
7. CUSTOMER AMENDING AN ORDER
7.1 If, after placing an order, you wish to make changes, please contact Vapour Flow as soon as possible to confirm the changes can be feasibly made. Please note that:
7.1.1 Changes to your order may result in price alterations. Vapour Flow will generate a new order confirmation invoice which reflects any amendments, and you will have the decision to accept these conditions or cancel the order.
7.1.2 An order cannot be amended if that order has already been dispatched. In such an event, you will need to cover the cost of returning the unopened Products back to Vapour Flow. Vapour Flow will then send out the amended order after receipt of the returned order Products. There may be an order processing delay of 3 – 5 days after receipt of the returned order Products. Please see below advice pertaining to packaging of return orders.
7.1.3 If the price of the revised order is less than the original order, Vapour Flow will refund the difference from any payment received. Please note that if any of the returned Products are used, damaged or otherwise un-re-saleable condition, there may be a charge included in the revised order to cover this.
8. PRODUCT ORDERS AND DELIVERY
8.1 Any delivery fees for the Products will be indicated on our website, on the product listing page. Any such fees will also be displayed in the checkout window and on the emailed order confirmation. These fees are inclusive of the cost of any packaging utilized in shipping the Order.
8.2 Upon receiving the order confirmation email, you will be notified of the estimated delivery date. Though we will attempt to provide the ordered Products as soon as possible, an order may take up to a maximum 30 days to fulfil, depending on Product availability at the time.
8.3 In the event of delays out of our control, Vapour Flow cannot accept liability. You will be informed of the delay as soon as possible, and if the delay period is unacceptable by you, you will have the option to cancel the order, and to request a refund.
8.4 It is your responsibility to ensure that correct delivery details are provided, and a correct email address is provided for any communications, notices, and confirmations. Vapour Flow accept no liability or responsibility in the event of any order being misplaced or lost as a result of mistakes in the submitted information of the customer. While every attempt will be made to assist you, there is no guarantee of a refund or a replacement order.
8.5 If a delivery attempt is made and is unsuccessful to the specified address, or is not completed due to absence, re-delivery attempts may be made by the delivery partner, though this is at their discretion. If the order continues to remain undelivered, it may be returned to the depot or collection point, and the delivery partner will usually leave a card with details of how to collect this order. You will have a finite period of time, usually 14 days but sometimes less, within which collect the items, as after this time, the items will be returned to our warehouse, and you may incur additional postage charges for re-dispatch of the order. Please note that:
8.5.1Where we are informed by the delivery partner of the failed delivery, attempts will be made to contact you and inform you of the circumstances, and if we cannot contact you, or you do not respond, we reserve the right to cancel the order after 30 days and refund the order amount, less any postage and packaging charges incurred.8.5.2If you still want the Products which have been returned, fees may be charged to cover the cost of re-delivery once we receive the returned order.
8.5.3 A returned order is not a guarantee that the same order or Products may be dispatched, and in the event the Products are unavailable, or unsuitable for re-dispatch, you will be offered alternative Products, or a refund.
8.6 When an order is delivered successfully to the address provided, you are classed as the owner of the Products.
8.7 If any of the Products provided are not satisfactory, faulty, or ill-described and we receive sufficient evidence of any of the above, your legal statutory rights entitle you to either a replacement or a refund of the products in question. Please note that:
8.7.1 Any goods sent back to us will be tested to confirm the stated issue or defect exists, and if we or the supply party cannot find fault with the Products, you may be liable to pay postage fees associated with returning the same Products to you.
8.7.2 In the event a returned Product is confirmed to be defective or bearing a fault covered under consumer legislation, you will be refunded the cost of any postage fees you paid in returning the Products to us, and will be entitled to a refund or replacement of the defective Products, at your choice.
8.7.3 Please note that unless your return is related to a defect or quality issue of the Product, no Product will be accepted as returned if there is evidence of the Product being used or tampered with in any way.
8.7.4 We will communicate any returns address of the supply party to you at the time of a return, through our customer services team. It would be helpful if, alongside the returned order, you could include a slip quoting your order number, or, if the order number is inaccessible, then your contact details and the reason for the return. Please note that in the event that returned goods cannot be traced to an order placed through Vapour Flow, the return will not be accepted and cannot be processed, and will be returned to the sender at the sender’s cost, if such details can be located.
8.7.5 No liability can be accepted by us or the supply party if the returned Products are damaged or lost in transit during return. We recommend that all returned Products be sent as a ‘signed for’ consignment. In such circumstances, it will be the postal company or delivery partner you will need to contact for complaint or liability. In the event that a tracked return order is lost by a shipping company, we may assist you in contacting the courier to facilitate compensation to you for the lost order, and will require proof of postage and tracking details for this. Please note the courier company’s terms and conditions as to maximum compensation that may be payable to you (if the base amount is insufficient to cover the value of your returned Products, we would suggest purchasing shipping insurance through the postal company at your own cost to insure your shipment).
8.7.6 Because of the fragile nature of the Products, they must be packaged carefully by you for return. Products damaged as a result of insufficient care in packaging by you will not be eligible for refund or return.
8.10 In line with Consumer Contract legislation, if you change your mind about the ordered goods within 14 days, you are entitled to a refund if you return the goods, as they were delivered, unopened and unused within 14 days of the delivery date. You may not be entitled to a refund of postage for the return.
8.11 If products have been opened, or are in a un-re-saleable condition, and there is no fault with the goods, and they were described to you correctly at the time of placing the order, you will not have a right to a refund.
9.1 Vapour Flow pride ourselves in the quality of the Products and services we supply to our customers. Accordingly your purchases Products may have a warranty, which will be detailed further on our Website, and in any documentation included with the Products. While Warranties offered through our website may be updated from time to time, the Warranty period you are entitled to will be the Warranty terms that were in force at the time of your order being placed.
10. USER INFORMATION
1.1 We are committed to safeguarding the privacy of our website visitors and customers.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, “we”, “us” and “our” refer to Vapour Flow Limited, and their designated employees acting as Data Control Officer. [ For more information about us, see Section 11.]
2. How We Use Your Personal Data
2.1 In this Section 2 we have set out:
2.1.1 the general categories of personal data that we may process;
2.1.2 the purposes for which we may process personal data; and
2.1.3 the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source (if you followed an external link to our website), duration of visit to our site, page views, and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is for our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data”). The account data includes your name and email address. The source of the account data is you, submitted at the time of account creation, and subsequent order placement. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent, and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. It is also important for ensuring that the Products we supply through our website, which are subject to a level of consumer regulation (e.g. age restricted goods) are not misused, and to identify any ordering party in the event of an investigation by the relevant authorities.
2.4 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your consent.
2.5 We may process information relating to transactions, including purchases of goods and services, that you enter into with us or through our website (“transaction data”). The transaction data may include your contact details, however will not include your card or payment details, as these details are submitted through our payment provider service, Worldpay, and is subject to their data processing policies. The transaction data retained by us may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.6 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters, or for sending any marketing communications (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent.
2.7 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication, and any attachments, including photographs related to the correspondence. Our website will generate the metadata associated with communications made using the website contact forms or through email. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with customers.
2.8 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.9 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing Your Personal Data to Others
3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 We may disclose your personal data to our supply partners, who are responsible for producing and distributing the goods you have ordered, and who bear ultimate responsibility in packaging and dispatching orders placed by you, the customer, through our website. This disclosure is strictly to permit proper processing of your order.
3.4 Financial transactions relating to our website and services are handled by our payment services provider, Worldpay. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.worldpay.com/uk/privacy-policy.
3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International Transfers of Your Personal Data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 The hosting facilities for our website are situated in the European Union. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from one.com.
4.3 You acknowledge that personal data that you submit for publication through our website, such as reviews of Products or services, may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and Deleting Personal Data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data for a minimum period of 2 years following the date of any final interaction, and for a maximum period of six years following said date.
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on when the data is no longer relevant for the stated purpose of retention.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email.
7. Your Rights
7.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
7.1.1 the payment of a fee (currently fixed at GBP 10); and
7.1.2 the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
7.2 We may withhold personal information that you request to the extent permitted by law.
7.3 You may instruct us at any time not to process your personal information for marketing purposes.
7.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
7.5 You have the right to erasure of any data held on you, and you may request this, and if this request will have any consequent effect, such as rendering us unable to provide services in relation to a contract between us, then we will advise you of such consequence at the time of request.
8. About Cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies That We Use
10. Managing Cookies
10.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.
10.2 Blocking all cookies will have a negative impact upon the usability of many websites.
10.3 If you block cookies, you will not be able to use all the features on our website.
11. Our Details
11.1 This website is owned and operated by Vapour Flow Limited.
11.2 We are a Limited company registered in England and Wales under registration number 04950095, and our registered office and principal place of business is at 71 Henley Business Centre, Newtown Road, Henley-on-Thames, RG9 1HG.
11.3 You may contact us in writing at the above address, or otherwise through the contact form and details on our website. Any communications for the attention of the Data Protection Officer should appropriately be addressed to the position.