Website Terms and conditions

 

These terms and conditions are the contract between you and ShrinKit Ltd. By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman  https://www.netlawman.co.uk/ and released under licence. They protect your rights as well as ours.

We are ShrinKit Ltd, [a company registered in the UK, number 02926555. Our address is The Old Chapel, 148 Manor Road, Newton St Faith, Norwich, Norfolk NR10 3LG, United Kingdom

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1.Definitions

 

     In this agreement:

“Carrier”	means any person or business contracted by us to carry Goods from us to you.
“Consumer”	means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content”	means any content in any form published on Our Website by us or any third party with our consent.
“Goods”	means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”	means any website of ours and includes all web pages controlled by us.
"Post"	means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2. Interpretation

 

       In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
• any obligation of any person arising from this agreement may be performed by any other person;
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

 

3. Our contract with you

 

       This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
• We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

 

4. Acceptance of your order

 

• Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
• If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
  • accept the alternatives we offer;
  • cancel all or part of your order.

 

5. Price and payment

 

• The Price is as set out in the order.
• It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
• Prices exclude UK value added tax (“VAT”). VAT will be added at the payment point.
• Bank charges by the receiving bank on payments to us will be borne by us.
• If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
• The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.

 

6. Security of your credit card

 

      We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use World Pay online payment service provider who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

 

7. Cancellation and refunds

 

       This and the following paragraph apply if you buy as a consumer as defined in the        Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

• We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
• The following rules apply to cancellation of your order:
  • If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
  • If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14-day period.
  • We will return your money subject to the following conditions:
    • we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
    • you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
  • The option to cancel your order is not available:
    • if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
    • if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
    • If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
  • You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
  • In any of the above scenarios, we will return your money within 14 days.

 

8. Liability for subsequent defects

 

• Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 7 days of receipt of the Goods, we shall assume that you have accepted them.
• The procedure to return the faulty Goods is as follows:

      the Goods must be returned to us as soon as any defect is discovered but not later than 30 Days from receipt by you.

• before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the gas supply and all fittings.
• please follow the returns procedure which we will send to you as soon as you notify us that you wish to return them.

• We will return your money subject to the following conditions:
  • we receive the Goods with labels and packaging intact.
  • you comply with our returns procedure. We cannot return your money unless we know who sent them.
  • you tell us clearly what the fault is you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
• If any defect is found, then we shall:
  • repair or replace the Goods, or
  • refund the full cost you have paid including the cost of returning the Goods.

 

9. Delivery and pick up

 

• Goods are delivered within 14 days from the day you place an order to purchase the Goods.
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• We may deliver the Goods in instalments if they are not all available at the same time for delivery.
• Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
• All Goods must be signed for on delivery. If no one is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
• Signing "Unchecked", "Not Checked" or similar is not acceptable.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
• Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
• Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
• We are happy for you to pick up Goods from our warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
• If you pick up Goods from our premises
  • Goods are at your risk from the moment they are picked up by you or your Carrier from our warehouse;
  • you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

 

10. Foreign taxes and duties

 

• If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

11. Goods returned

 

      These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

• We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
• Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the gas supply and all fittings.
• The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
• So far as possible, Goods should be returned:
  • with both Goods and all packaging in their original condition;
  • securely wrapped;
  • including our delivery note.
  • at your risk and cost.

 

• You must tell us by email message to enquiries@shrinkit.co.uk that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return.

           Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.

• In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
• Most of the Goods are covered by the manufacturer's guarantee for 12 months. Please first check the operating instructions.
• If we agree that the Goods are faulty, we will:
  • refund the cost of return carriage;
  • repair or replace the Goods as we choose.
• If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

 

12. Disclaimers

 

• The law differs from one country to another. This paragraph applies to sales throughout the EU.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty for:
  • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  • the adequacy or appropriateness of the Goods for your purpose.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Goods concerned.
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
• If you become aware of any breach of any term of this agreement by any person, please tell us by e-mail at enquiries@shrinkit.co.uk. We welcome your input but do not guarantee to agree with your judgement.

 

13. Your account with us

 

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

14. Restrictions on what you may Post to Our Website

 

      You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

• be malicious or defamatory;
• consist in commercial audio, video or music files;
• be illegal, obscene, offensive, threatening or violent;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• solicit passwords or personal information from anyone;
• be used to sell any goods or services or for any other commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• link to any of the material specified above, in this paragraph.
• send age-inappropriate communications or Content to anyone under the age of 18.

 

15. Your Posting: restricted content

 

      In connection with the restrictions set out below, we may refuse or edit or remove a      Posting which does not comply with these terms.

      In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

 

16. How we handle your Content

 

• Our privacy policy is strong and precise. It complies fully with current UK law incorporating the General Data Protection Regulation (GDPR).
• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

 

17. Removal of offensive Content

 

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • Your claim or complaint must be submitted to us in the form available on Our Website or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
• We may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatious you will repay us the cost of our investigation including legal fees, if any.

 

18. Security of Our Website

 

      If you violate Our Website we shall take legal action against you.

      You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
• share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you’re not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

 

19. Indemnity

 

      You agree to indemnify us against all costs, claims and expense arising directly or          indirectly from:

• your failure to comply with the law of any country;
• your breach of this agreement;
• any act, neglect or default by any agent, employee, licensee or customer of yours;
• a contractual claim arising from your use of the Goods;
• a breach of the intellectual property rights of any person.

 

20. Intellectual Property

 

• We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Without prior consent from ShrinKit Ltd.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

21. Dispute resolution

 

       In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

      The following terms apply in the event of a dispute between the parties:

• If you are not happy with our services or have any complaint then you must tell us by email message to the address which you will find on Our Website.
• If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

 

22. Miscellaneous matters

 

• When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender

• This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
• In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

 

 

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail within the 14 days.

 

Our Business Terms and Conditions are the following

 

Acceptance of orders

All written orders are accepted in accordance with the following conditions unless expressly excluded or varied by contract or quotation. The company accepts no responsibility for errors or misunderstanding on orders not placed or confirmed in writing or e-mail. In the case of any discrepancy between the following conditions and any terms or conditions stated by the buyer on his order or otherwise these conditions shall prevail.

Prices

Prices discounts and carriage term are subject to variation by the company without notice and all goods will be invoiced at current prices at the time of dispatch from our factory unless quoted as firm for acceptance within a specified period.

 

Catalogues and price lists

Prices and other information contained in price lists and catalogues are not intended to be part of any contract or agreement.

Settlement Terms

All invoices must be paid within 30 days immediately following the month in which the goods are delivered. Interest at 2% per month is payable on overdue accounts.

Title

Notwithstanding the acceptance of any order or the delivery of goods, Ownership of the goods supplied by the company shall remain vested in the company until payment in full has been made to the company. In the event of non-payment, the company shall be entitled to re-possess the goods and shall have the same rights in respect thereof as an unpaid seller in possession. The customer shall have the power to re-sell the goods to a third party in which case in the event of non-payment by the customer the company shall be entitled to the proceeds of re-sale in the hands of the buyer or any liquidator, Receiver or trustee in bankruptcy of the buyer.

Delivery

Time quoted is based on information to hand at the time of the quotation and is the estimated date of dispatch. No liability is accepted for delays or the effects thereof. The risk of any loss or damage to or deterioration of the goods from whatever cause arising shall be borne by the customer from the time of dispatch from the company premises.

Off Loading

The buyer shall be responsible for all off loading and will indemnify the company for any damage or liability, which may occur.
If you have any problems or queries regarding our shrink-wrap guns, please contact your supplier, as tampering or dismantling of the gun will invalidate your warranty.

Warranty

All of our New ShrinKit guns and spare parts come with 12 months warranty from the date of purchase.
Your ShrinKit heat gun has been manufactured with great care and attention using quality materials. Tests and inspections have been carried out during the gun's production. For all service, repair work, spare parts and accessories please contact ShrinKit Ltd.

All repair/service work carried out comes with a 3-month warranty from the date of purchase on all parts and labour.

 

Warranty of operation for 12 months from date of purchase on all parts and labour under the following conditions:

• That the operation of the ShrinKit gun complies with the user guide and instructions.
• That the ShrinKit heat gun has not been dismantled or tampered with.
• That the ShrinKit heat gun is physically intact. The handle, cowl, burner and trigger must not have been mistreated or deformed in any way. 
• The thread of all fittings must be intact.
• All replacement parts must be original ShrinKit spare parts.

ShrinKit shall not be held responsible for any accidents, including persons or goods, which arise from incorrect usage, or failure to comply to any instructions, safety warnings, user guide or Risk Assessment and Method Statement Document.

Please quote the ShrinKit gun serial / identification number which can be found on the handle for all warranty enquiries.

Returns

All Customers have the right to return purchased goods bought online up to 7 days: starting the day after delivery. Returns will only be accepted if they are unused, undamaged and in the original packaging. The goods remain the customers total responsibility until they have been received by ShrinKit Limited. ShrinKit Limited will rectify any faults damages or shortages without charge, as part of its satisfaction guarantee. If, however the customer is still unsatisfied ONLY then will an exchange or full refund be issued within 5 working days.

Cancellation of or alteration to order

The company will not accept any responsibility where the buyer has incorrectly specified required service or parts. Cancellations cannot be accepted after goods have been prepared for dispatch.

Claims for damage or non-delivery

Damaged or faulty goods and shortages must be reported to the company and the carrier in writing within 7 days of receipt of goods. Non-delivery of goods must be reported to the company in writing within 7 days receipt of invoice.

Force Majeure

The company shall not be held responsible for any liability to deliver in consequence of war, changes in fiscal policy, strikes, Lockouts, Fire, Breakdown, or any other contingence beyond its control.

Legal Construction

Any contract or arrangement shall be deemed to be made in England and shall be governed by English law for all purposes.

Health and safety at work act.

If you are not conversant with possible hazards relating to products we supply please ask for the relevant information.