Website General Terms of Use

Effective from 1st February 2020

Please read these Website General Terms of Use ("General Terms") carefully before using this website (the "Site"). Using the Site indicates that you accept these General Terms. If you do not accept these General Terms, do not use the Site.

If we change these General Terms, we will post the revised document here with an updated effective date. If we make significant changes to these General Terms, we may also notify you by other means such as sending an email or posting a notice on our home page.

 

1. Information about us

The Site is operated by Shieldsie Limited ("we", "our", or "us"). We are registered in England and Wales under company number 12684693  and have our registered office at 44 Orange Row, Brighton, UK, BN1 1UQ.

 

2. Access to the site

2.1. We shall not be liable if for any reason the Site is unavailable at any time or for any period.

2.2. From time to time, we may restrict access to all or some parts of the Site to users who have registered with us.

2.3. You must be 18 years old or older to register on the Site.

2.4. Only one registration per person is allowed. You must keep your registration information up to date.

2.5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party

2.6. You must not:

  • ( i ) impersonate or try to impersonate another person;
  • ( ii ) disclose your password to anyone else;
  • ( iii ) allow anyone else use your account;
  • ( iv ) use anyone else's account.

2.7. You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible. You can contact us using our web form which is available, selecting the "Contact Us" option.

2.8. You must inform us of any changes to your account including but not limited to changes to your name or address.

2.9. We reserve the right to restrict or deny you access to all or some parts of the Site if, in our opinion, you have failed to comply with these General Terms.

 

3. Intellectual property and permitted use

3.1. We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2. You may print and download extracts from the Site for personal non-commercial use on the following basis:

3.2.1. no documents or related graphics are modified in any way;

3.2.2. no graphics are used separately from accompanying text;

3.2.3. and no copyright and trade mark notices are removed.

3.3. You agree not to:

3.3.1. use the Site for commercial purposes without obtaining our prior written agreement;

3.3.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site except as permitted above.

 

4. Material submitted by you

4.1. Except for information that identifies you personally (e.g. your name, address, telephone number, email address and payment details), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.

4.2. You agree not to submit any material:

4.2.1. that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or

4.2.2. that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; or

4.2.3. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

4.2.4. which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.

4.3. We are not obliged to use material submitted by you and we may remove from the Site and our database any of the material submitted by you at our sole discretion.

4.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of clause 6.2.

4.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.

 

5. Data protection and privacy

5.1. We use and process your personal information in accordance with our Privacy Policy.

5.2. We hold a data protection registration and comply with the Data Protection Act 1998.

 

6. Third party content and links

6.1. We are not liable or responsible for the third party content on the Site. Third party content includes, for example, comments posted by other users and display advertising.

6.2. Where the Site contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.

 

7. Liability

7.1. The material contained on the Site is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the materials on the Site.

7.2. We are not liable for:

7.2.1. any action you may take as a result of relying on any information/materials provided on the Site or for any loss or damage suffered by you as a result of you taking such action; or

7.2.2. any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site; or

7.2.3. any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach by us of these General Terms.

7.3. We are not responsible if you cannot use the Site properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)

7.4. The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.

7.5. Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.

 

8. Termination of Accounts

8.1 Accounts will terminate automatically:

8.1.1 if you die; or

8.1.2 if we reasonably believe that you have committed an act of Fraud against us or any retailer. 

 

9. Validity of these general terms

If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

 

10. Applicable law and jurisdiction

These General Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and these General Terms.

Our Liability

Our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of our product.

Save in relation to our own products, we are not responsible for any other products, goods and/or services provided by another Merchant. The Merchant is solely liable to you for all goods and/or services which the Merchant provides to you. Before you purchase a product you should do your own research  to make sure that you are happy with the Merchant and the products.

This clause does not include or limit in any way our liability:

  1. for death or personal injury caused by our negligence;
  2. under section 2(3) of the Consumer Protection Act 1987;
  3. for fraud or fraudulent misrepresentation; or
  4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Subject to the maximum permissible extent under applicable law

We will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:

  1. loss of income or revenue;
  2. loss of data
  3. indirect, special or consequential loss.

 

 

Cancellations and Refunds

We will refund the amount paid in full for our products excluding other Merchants products. Any refund will be made within 14 days by the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

The maximum refund for postage costs will be the costs of postage by the least expensive delivery method that was offered. For example, if we offered delivery of goods within 5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

Returns are at your own cost and risk and we will not pay for any returns postage. You have a legal obligation to take reasonable care of any products while they are in your possession. If you fail to comply with this obligation, we and the applicable Merchant may have a right of action against you for compensation. Where products are not suitable for posting, the applicable Merchant will arrange for them to be collected and you will have to bear the direct cost for returning the products. The costs will be dependent on the item and the delivery provider used by the us or Merchant.

Exceptions For HUGSIE

We will accept cancellations prior to dispatch for a full refund.
Unfortunately in the interest of hygiene and for your protection we do not accept returns of, or refunds on Hugsie once dispatched. This does not affect your statutory rights.

 

Price and Delivery Charges

The price of any product and any applicable delivery charge will be as quoted on the Site inclusive of VAT (if applicable)

 

Availability and Delivery

Your order will be fulfilled by the delivery timescale set out or, if no delivery date is specified, then within 30 days of the date ordered , unless there are exceptional circumstances. Products will be at your risk from the time of delivery. This means that goods will be your responsibility from the time we or the Merchant deliver the products to the address you gave.

If you have not received your products by the estimated delivery date, please contact us or the Merchant as soon as possible. Please note that neither we or the Merchant are able to investigate any deliveries beyond 60 days.

 

Faulty Goods

If you discover a fault with any goods please let us or the Merchant know promptly. The product should be returned to us or the Merchant  

A Merchant will normally offer a repair, exchange or refund of faulty goods. In all cases, we reserve the right to inspect the goods and verify the fault.

If it is deemed a fault of the product we or the Merchant will pay for the cost of return.

If we are required to recall a product, we will email the email address associated with the account that was used to purchase the product and we would recommend that you check the website regularly for any listed faulty batches of products

 

Risk

Products will be at your risk from the time of posting. We will be carrying out Risk Assessments on our own products as dictated in our Risk Management Systems. Merchants of other products will be responsible for assessing and Risk Management of their own products. We aim to provide our customers with high quality products.

 

Complaint Handling Policy

If you need help with your order or have a complaint about the products, your complaint should be addressed to us or the Merchant directly who should be able to answer any concerns that you may have.

You can contact us as follows:

  • By completing our "Get In Touch” form.
  • By telephone on 01273 206909 between 9:00-16:00 Monday to Friday. Calls are charged at the national rate. Costs from mobiles will vary. Please have your order number ready.
  • By email to info@shieldsie.com

 

We aim to provide an initial response to all questions and complaints within 72 hours. Please note that unless it is our own products, as the Merchant has specialist knowledge of their own products, when you contact us we will email the Merchant on your behalf, copying you in, asking them to look into your concern and asking them to reply to you directly.

You might also find the answer you need in the FAQ section on this website.