Terms of service

1. About These Terms

These Terms of Service govern your use of the Fibreking website and the purchase of products from Fibreking.

This website is operated by Fibreking Limited (“Fibreking”, “we”, “us” or “our”).

By using our website or placing an order with us, you agree to these Terms of Service together with any policies expressly incorporated into them.

These Terms should be read alongside our:

  • Returns & Refund Policy;

  • Delivery & Shipping Policy; and

  • Privacy Policy.

Nothing in these Terms excludes, restricts or otherwise affects any statutory rights that cannot lawfully be excluded or restricted.

If you are a Consumer, your statutory consumer rights remain unaffected.

2. Definitions

In these Terms:

“Consumer” means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.

“Business Customer” means a person purchasing products wholly or mainly for purposes relating to their trade, business, craft or profession.

“Customer”, “you” or “your” means the person using our website or purchasing products from Fibreking.

“Products” means goods offered for sale by Fibreking.

“Website” means the Fibreking ecommerce website and associated online services.

Different legal rights may apply depending on whether you are purchasing as a Consumer or Business Customer.

3. Information About Fibreking

The website and products are operated and supplied by:

Fibreking Limited

Company Number: 13464164
VAT Registration Number: GB 453 8451 78

Registered/Business Address:
Unit C
Monastery Lakes Farm
Stoke Road
Shutlanger
NN12 7FF
United Kingdom

Telephone: 01604 969603
Email: info@fibreking.co.uk

Fibreking Limited is a company registered in England and Wales.

4. Use of Our Website

You may use our website only for lawful purposes.

You must not:

  • use the website fraudulently or unlawfully;

  • attempt to gain unauthorised access to our website, systems or customer information;

  • introduce viruses, malware or other malicious or technologically harmful material;

  • interfere with the operation or security of the website;

  • scrape, harvest or systematically extract website content or data without our permission, except where applicable law expressly permits this;

  • impersonate another person;

  • provide deliberately false or misleading information;

  • use another person's payment information without authority;

  • infringe Fibreking's intellectual property rights or those of another person; or

  • use the website in any way that may damage Fibreking, our customers or our systems.

We may suspend or restrict access to the website where we reasonably believe these Terms have been breached or where necessary to protect Fibreking, our customers, our systems or third parties.

5. Eligibility to Purchase

By placing an order, you confirm that:

  • you are legally capable of entering into a binding contract;

  • the information you provide is accurate and complete;

  • you are authorised to use the payment method provided; and

  • you are purchasing for lawful purposes.

If you are placing an order on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.

6. Products

We take reasonable care to ensure that product descriptions, specifications, photographs and other information displayed on our website are accurate.

Images are intended to provide a reasonable representation of our products.

Colours may appear differently depending on the device, screen, lighting conditions or display settings being used.

Packaging, labelling or minor product presentation details may occasionally change without materially affecting the product.

We will not substitute a materially different product without your agreement.

Nothing in this section affects your statutory rights, including the requirement that goods supplied to Consumers are as described, of satisfactory quality and fit for purpose where applicable.

7. Product Availability

All products are subject to availability.

Placing a product in your basket does not reserve that product.

We may withdraw products, discontinue products or change the products available through our website at any time.

If a product becomes unavailable after you place an order but before we accept it, we may cancel the affected item or order and refund any amount already paid for it.

Where appropriate, we may offer an alternative product, but we will not substitute a materially different product without your agreement.

8. Placing an Order

When you place an order through our website, you are making an offer to purchase the products shown in your order.

After placing an order, you may receive an automated acknowledgement or order confirmation.

An automated order acknowledgement does not necessarily constitute acceptance of your order.

Unless we expressly tell you otherwise, our acceptance of your order takes place when we confirm that your order has been dispatched.

At that point, a legally binding contract is formed between you and Fibreking for the products dispatched.

Where an order contains multiple products dispatched separately, a separate contract may be formed for each product when that product is dispatched.

We reserve the right to decline an order before acceptance.

9. Our Right to Refuse or Cancel an Order

Before an order has been accepted, Fibreking may refuse or cancel it where we have a reasonable commercial or legal reason to do so.

Reasons may include:

  • a product being unavailable;

  • incorrect stock information;

  • an obvious pricing or description error;

  • payment not being authorised;

  • suspected fraud or unauthorised payment;

  • suspected misuse of discount codes, promotions or offers;

  • unusually large or abnormal order quantities;

  • suspected unauthorised commercial resale;

  • delivery restrictions;

  • inability to deliver to the address supplied;

  • sanctions, export restrictions or other legal requirements;

  • suspected misuse of our website or services; or

  • circumstances where fulfilling the order would be unlawful.

If we cancel an order after payment has been taken, we will refund any amount due to you.

Nothing in this section gives Fibreking a right to cancel a contract where doing so would be unlawful.

10. Prices

Prices displayed on our website are those applicable at the time shown and may be changed for future orders without notice.

A price change will not normally affect an order that we have already accepted.

Where applicable, prices displayed to Consumers will include VAT or other taxes required to be included by law.

Delivery charges and any other applicable charges will be displayed before you place your order where required.

11. Pricing, Description and Website Errors

We take reasonable care to ensure that prices, product descriptions, promotional information and other website information are accurate.

Occasionally, errors may occur.

If we discover an obvious and unmistakable pricing error before accepting your order, we are not required to accept the order at the incorrect price.

We may:

  • cancel the affected order and refund any payment made; or

  • contact you and give you the opportunity to purchase the product at the correct price.

If we cannot contact you, we may treat the affected order as cancelled.

Where a contract has already been formed, Fibreking will deal with any error in accordance with applicable law.

Nothing in these Terms permits Fibreking to retrospectively alter the agreed price of a concluded contract where doing so would be unlawful.

12. Payment

Payment must be made using one of the payment methods offered during checkout.

By submitting payment details, you confirm that you are authorised to use the relevant payment method.

Orders may be subject to payment authorisation and fraud-prevention checks.

We are not obliged to dispatch products until the required payment has been authorised or received.

Where payment is later reversed, charged back or found to have been unauthorised, we reserve all rights and remedies available to us under applicable law.

13. Discount Codes, Promotions and Offers

Discount codes, promotional offers and special pricing may be subject to additional terms.

Unless expressly stated otherwise:

  • promotional codes have no cash value;

  • they cannot be exchanged for cash;

  • only one promotional code may be used per order;

  • promotional codes cannot be applied retrospectively;

  • offers may be limited by product, customer, date, quantity or availability; and

  • promotions may be withdrawn or amended for future orders.

We may refuse or cancel use of a promotional code where we reasonably believe it has been obtained, distributed or used fraudulently, incorrectly, contrary to its terms or through an obvious technical error.

Nothing in this section affects an order already accepted where the promotion formed part of the agreed contract, except where applicable law permits otherwise.

14. Delivery

Delivery is governed by our Delivery & Shipping Policy, which forms part of these Terms.

Delivery dates and times displayed or communicated are estimates unless we expressly agree otherwise.

We will make reasonable efforts to deliver within the estimated timeframe.

Unless a different period has been agreed, Consumer orders will be delivered without undue delay and no later than the period required by applicable consumer law.

Delivery may occasionally be affected by circumstances outside our reasonable control.

Nothing in this section affects any statutory right a Consumer may have where delivery is late or does not take place.

15. Delivery Information Provided by the Customer

You are responsible for providing a complete and accurate delivery address and appropriate contact information.

Please check your delivery information carefully before submitting your order.

Where a parcel cannot be delivered or is returned to Fibreking because of circumstances reasonably attributable to the customer, including:

  • an incorrect or incomplete address;

  • refusal of delivery;

  • failure to collect a parcel;

  • failure to follow reasonable carrier instructions; or

  • another customer-attributable delivery failure,

Fibreking may require payment of the reasonable and actual cost of redelivery before dispatching the parcel again.

Where a refund is requested following a customer-attributable failed delivery, deductions will only be made where permitted by law.

No redelivery charge will be imposed where the failed delivery was caused by Fibreking or our carrier.

16. Safe-Place Deliveries

Where you expressly instruct Fibreking or our delivery carrier to leave a parcel in a particular nominated safe place, you should ensure that the location selected is reasonably secure, sheltered and appropriate for delivery.

Where a parcel has been correctly delivered to the specific location authorised by you, that instruction and the circumstances of delivery may be taken into account when determining responsibility for any subsequent loss, theft or damage.

Nothing in this section excludes or restricts responsibility where Fibreking remains legally responsible for the goods.

Your statutory rights remain unaffected.

17. Risk and Ownership

For Consumer purchases, risk in the goods will pass in accordance with applicable consumer law.

Where Fibreking arranges delivery to a Consumer, Fibreking remains responsible for the goods until possession passes to the Consumer or to a person identified by the Consumer to take possession, except where applicable law provides otherwise.

Ownership of goods will not pass to you until Fibreking has received payment in full for those goods.

Different provisions may apply to Business Customers as set out below.

18. Cancelling an Online Order

Consumers purchasing online may have a statutory right to cancel eligible contracts without giving a reason.

Generally, you must notify Fibreking that you wish to cancel within 14 days after receiving the goods.

After notifying us of cancellation, you generally have a further 14 days to return the goods.

Full details are contained in our Returns & Refund Policy, which forms part of these Terms.

Certain goods or contracts may be exempt from cancellation where an exemption provided by law applies.

Nothing in these Terms restricts your statutory cancellation rights.

19. Change-of-Mind Returns

In addition to statutory rights, Fibreking offers a voluntary 30-day returns policy subject to the conditions contained in our Returns & Refund Policy.

For unwanted or change-of-mind returns, the customer is responsible for arranging and paying the direct cost of returning the goods to Fibreking, where permitted by law.

For eligible statutory cancellations, the Consumer is responsible for the direct cost of returning goods where Fibreking has informed the Consumer of this responsibility before the contract is made, as permitted by law.

Fibreking does not normally provide prepaid return labels or arrange collection for unwanted or change-of-mind returns.

Customers may select their own suitable postal or courier service.

We strongly recommend obtaining and retaining proof of postage.

20. Faulty, Damaged, Incorrect or Non-Conforming Goods

Nothing in these Terms affects your statutory rights where goods are faulty, damaged, not as described, incorrect or otherwise do not conform to the contract.

Where a Consumer exercises a statutory right to reject goods, the Consumer agrees to return the goods to Fibreking in accordance with the reasonable return instructions provided by Fibreking, except where applicable law requires otherwise.

Where Fibreking is legally responsible for the reasonable cost of returning rejected or non-conforming goods, Fibreking will bear the reasonable return cost.

Customers should contact Fibreking before returning faulty, damaged, incorrect or non-conforming goods so that an appropriate return method can be agreed.

Fibreking does not routinely provide prepaid return labels or arrange collections.

Where Fibreking is responsible for return costs, depending on the circumstances we may:

  • reimburse an agreed reasonable return postage cost;

  • provide a prepaid return label where appropriate; or

  • agree another reasonable method of return.

Customers should not incur unusually high or unnecessary return costs without first agreeing those costs with Fibreking.

Where applicable law requires Fibreking to arrange collection, Fibreking will comply with that requirement.

21. Refunds

Refunds are governed by our Returns & Refund Policy and applicable law.

For an eligible statutory cancellation, Fibreking will make the required reimbursement without undue delay and no later than 14 days after the day we receive the returned goods or, where permitted by law, the day the Consumer provides evidence that the goods have been returned, whichever occurs first.

Where permitted by law, Fibreking may withhold reimbursement until the goods have been returned or evidence of return has been provided.

For eligible statutory cancellations, Fibreking will refund the cost of our least expensive standard delivery option where required by law.

If you selected an enhanced or more expensive delivery option, we are not required to refund the additional amount above the cost of our least expensive standard delivery option.

22. Consumer Statutory Rights

If you are a Consumer, goods supplied by Fibreking must comply with applicable consumer law.

This includes requirements, where applicable, that goods are:

  • of satisfactory quality;

  • fit for purpose; and

  • as described.

Depending on the circumstances, statutory remedies may include rejection and refund, repair, replacement, price reduction or a final right to reject.

Nothing in these Terms or any Fibreking policy is intended to exclude, restrict or otherwise affect rights or remedies that cannot lawfully be excluded or restricted.

23. Business Customers

This section applies where you purchase products wholly or mainly for the purposes of a trade, business, craft or profession.

Consumer cancellation rights and other protections applying exclusively to Consumers do not apply to Business Customers.

Unless expressly agreed otherwise in writing, Business Customers are responsible for ensuring that products are suitable for their particular commercial requirements.

To the maximum extent permitted by law, Fibreking will not be liable to a Business Customer for:

  • loss of profits;

  • loss of revenue;

  • loss of business;

  • loss of contracts;

  • loss of anticipated savings;

  • loss of goodwill;

  • loss of business opportunity; or

  • indirect or consequential loss.

Subject to the liabilities that cannot lawfully be excluded or limited, Fibreking's aggregate liability to a Business Customer arising out of or in connection with an order will, to the maximum extent permitted by law, be limited to the total price paid or payable to Fibreking for the products giving rise to the claim.

Nothing in these Terms limits or excludes liability where it would be unlawful to do so.

Any additional trade-account terms, pricing arrangements or written agreements expressly agreed between Fibreking and a Business Customer will also apply.

Where an expressly agreed written trade arrangement conflicts with these general Terms, the expressly agreed trade arrangement will take priority to the extent of that conflict.

24. Business Customer Risk and Title

For Business Customers, risk in products passes on delivery unless otherwise agreed in writing.

Title to products will not pass until Fibreking has received payment in full for those products and any other sums that are due and payable in respect of the relevant order, to the extent permitted by law.

Until title has passed, a Business Customer must not knowingly dispose of goods in a manner inconsistent with Fibreking's ownership rights, except where resale in the ordinary course of business has been expressly or implicitly authorised.

25. Website Availability

We aim to keep our website available and functioning correctly, but we do not guarantee that access will always be uninterrupted or error-free.

We may temporarily suspend, restrict or withdraw website functionality for maintenance, security, technical, legal or operational reasons.

Where reasonably practicable, we will seek to minimise disruption.

This does not affect our obligations concerning orders already accepted.

26. Third-Party Services and Links

Our website may contain links to third-party websites or make third-party tools, payment services or services available to customers.

Third-party websites and services may be governed by their own terms and privacy policies.

Fibreking is not responsible for the content or operation of independent third-party websites merely because our website links to them.

Nothing in this section excludes responsibility that Fibreking cannot lawfully exclude.

27. Reviews, Feedback and User Content

Where you submit a product review, photograph, comment, feedback or other content to Fibreking, you confirm that:

  • you have the right to submit it;

  • it does not infringe another person's rights;

  • it is not unlawful, defamatory, threatening or deliberately misleading; and

  • it does not contain malicious software.

You retain ownership of intellectual property rights you hold in your content.

By submitting content for publication or promotional use, you grant Fibreking a non-exclusive, royalty-free licence to use, reproduce, display and publish that content for reasonable business, marketing and promotional purposes, subject to applicable law.

We may moderate or remove content where we reasonably consider it unlawful, fraudulent, abusive, misleading, irrelevant or otherwise inappropriate.

Nothing in this section permits Fibreking to misrepresent a customer's review or endorsement.

28. Intellectual Property

Unless otherwise stated, the website and its content, including Fibreking branding, logos, photographs, product imagery, graphics, text and website materials, are owned by or licensed to Fibreking.

You may use the website for personal and lawful purposes.

You must not reproduce, commercially exploit, distribute, modify or republish Fibreking's protected content without permission except where applicable law permits such use.

Nothing in these Terms transfers ownership of Fibreking's intellectual property to you.

29. Personal Information

Personal information submitted to Fibreking is processed in accordance with our Privacy Policy and applicable data-protection law.

Payment information may also be processed by payment providers and other service providers necessary to complete transactions.

30. Our Liability to Consumers

Nothing in these Terms excludes or limits Fibreking's liability where doing so would be unlawful.

In particular, nothing excludes or limits liability for:

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation; or

  • breach of statutory consumer rights where liability cannot lawfully be excluded or restricted.

If Fibreking fails to comply with these Terms, we are responsible for loss or damage suffered by a Consumer that is a foreseeable result of our breach of contract or failure to use reasonable care and skill.

Loss or damage is foreseeable where it was obvious that it would happen or where, when the contract was made, both parties knew that it might happen.

Where you purchase products as a Consumer, Fibreking supplies them for private and domestic use.

If you use products for commercial or business purposes, Fibreking will not be liable under a Consumer contract for business losses such as loss of profits, revenue, business, contracts, opportunity or anticipated savings, except where applicable law requires otherwise.

Nothing in this section affects your statutory rights.

31. Events Outside Our Reasonable Control

Fibreking will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances outside our reasonable control, except where applicable law provides otherwise.

Such circumstances may include severe weather, natural disasters, transport disruption, industrial action, failures of telecommunications or utilities, governmental action, war, civil disturbance, epidemics, pandemics or significant disruption affecting carriers or supply chains.

Where such circumstances affect an order, we will take reasonable steps to minimise the effect.

This clause does not remove any statutory right a Consumer may have to cancel an order or obtain a refund where applicable.

32. Fraud, Abuse and Misuse

Fibreking reserves the right to take reasonable steps to protect the business and its customers from fraud and abuse.

We may investigate, refuse or cancel orders before acceptance, restrict accounts or promotional offers, or take other reasonable action where we have reasonable grounds to suspect:

  • fraudulent transactions;

  • unauthorised payment;

  • identity misuse;

  • abuse of refunds or promotions;

  • repeated dishonest claims;

  • attempted circumvention of purchase restrictions; or

  • other unlawful or abusive activity.

Where appropriate, suspected criminal activity may be reported to payment providers, delivery providers or relevant authorities in accordance with applicable law.

Nothing in this section permits Fibreking to withhold a refund or statutory remedy to which a customer is legally entitled.

33. Severability

If any provision of these Terms is found by a court or competent authority to be unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it lawful and enforceable where legally possible.

If modification is not possible, the relevant provision will be treated as deleted.

The remaining provisions will continue in effect.

34. No Waiver

If Fibreking does not immediately exercise a right or remedy under these Terms, this does not mean that we have waived that right or remedy.

A waiver on one occasion does not constitute a waiver on another occasion.

35. Entire Agreement

These Terms, together with any policies or additional terms expressly incorporated into them, constitute the agreement between Fibreking and the customer in relation to the relevant order.

For Consumers, nothing in this section excludes or restricts liability for statements or representations that cannot lawfully be excluded.

For Business Customers, any separately agreed written trade terms may also form part of the contract.

36. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, products, services or applicable law.

The latest version will be displayed on our website.

Changes will apply to future use of our website and future orders from the date on which the updated Terms take effect.

Changes will not normally alter the contractual terms governing an order already accepted before the changes took effect, unless the change is required by law or expressly agreed with the customer.

37. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to a contract between Fibreking and the customer has no right to enforce these Terms.

This does not affect any right or remedy of a third party that exists independently of these Terms.

38. Governing Law and Jurisdiction

These Terms and contracts between Fibreking and its customers are governed by English law, subject to any mandatory legal rights that apply to Consumers living elsewhere.

If you are a Consumer resident in another part of the United Kingdom, you may also be entitled to rely on mandatory protections applicable in your place of residence and to bring proceedings in the courts available to you under applicable law.

If you are a Business Customer, the courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with these Terms or an order, unless otherwise agreed in writing.

39. Contact Information

Questions regarding these Terms of Service, an order, your statutory rights or any other matter relating to a purchase can be sent to:

Fibreking Limited

Company Number: 13464164
VAT Registration Number: GB 453 8451 78

Unit C
Monastery Lakes Farm
Stoke Road
Shutlanger
NN12 7FF
United Kingdom

Telephone: 01604 969603
Email: info@fibreking.co.uk

40. Statutory Rights

Nothing in these Terms of Service, our Returns & Refund Policy, our Delivery & Shipping Policy or any other Fibreking policy is intended to exclude, restrict or otherwise affect any statutory right or remedy that cannot lawfully be excluded or restricted.

Where there is any conflict between these Terms and a mandatory statutory right, the statutory right will apply.