Introduction
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
Interpretation
In these terms of sale, “we” means Paintgard Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
i. you must add any off the products you wish to purchase to your shopping cart, and then proceed to the checkout;
ii. you must enter your personal details;
iii. you must confirm your order and your consent to these terms of sale;
If you have purchased a product with installation we will contact you to arrange a mutually convenient date and time.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Warranty Terms
* The 5 year Film Warranty only applies to film/kits installed by ourselves as 3m Ventureshield Approved Installers, any DIY will not have the Warranty.
Ventureshield Paint Protection film
Film is supplied either as sheet form or as pre-cut patterns for a particular make and model, (size and year if applicable) with application tools or installation at our Telford premises.
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Your warranties
You warrant to us that:
a. you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
b. the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
Warranty: The 3M company named below (3M) warrants VentureShield® Automotive Paint Protection Film (Film) will be free of defects in material and manufacture for five (5) years from date of original purchase.
Exclusions: This warranty does not apply to damage caused by misuse, accident, misapplication, or general wear and tear, nor does it apply to damage caused by physical impact of other vehicles, road debris or where organic/environmental damage or contamination has occurred. 3M’s obligation under this warranty is limited to providing free of charge replacement material for the Film that does not conform to this warranty. Under no circumstances does this warranty imply any liability by 3M for any indirect or consequential loss, including loss of profit, business or opportunity.
Benefit: This warranty is for the sole benefit of the original end user purchaser of the Film and it may not be transferred to any subsequent owner/s of the vehicle. Proof of purchase and identity will be required by the 3M authorised installer to substantiate any claim under this warranty. Therefore, claimants should retain their original receipt and this warranty registration card, both of which are required to be produced before warranty service commences.
Making a Warranty Claim: To initiate a claim under this warranty please contact your original Film installer. If the installer is no longer available, simply contact 3M in your country with the above claim documentation. In appropriate cases, 3M will arrange replacement film to be provided directly to you.
Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
All DIY products will be sent via Royal Mail registered delivery service and will require a signature. If Royal Mail is unable to obtain a signature for a delivery the parcel will be taken to the local sorting office and you will be able to collect from there.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 10 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation. Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
a. delivery of the products; and
b. receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
“Cooling off” period
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to: (i the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (ii) the supply of goods made to your specifications or clearly personalised (All motorcycle kits are cut to order and are non-stock items); or (iii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you. All motorcycle kits are cut to satisfy each specific order and a refund can only be offered if Paintgard have supplied the incorrect kit, or if the material supplied is faulty or damaged on receipt. In this instance, a replacement kit will be supplied once the faulty kit has been returned to Paintgard and the problem has been investigated to confirm validity of the claim.
Statutory right
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. A 25% administration and re-stocking fee will be charged on all returned DIY products. Once a booking for installation has been made a refund will only be made for 50% of the total order value. Each order of Ventureshield is quality checked before dispatch. However if there is any quality issues with the film please contact us immediately. If you believe that there is a problem with your order then in the first instance please telephone Paintgard Ltd with the details. We may arrange to have the material posted back to us and issue a replacement. Please note that ALL motorcycle kits are are cut specifically to satisfy each order and can only be returned under certain circumstances (see above under “cooloing off period”) as they are not stock items.
Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. Privacy Policy
We do not pass personal information to any third parties but may use the information to keep you up to date on Ventureshield products. We only ask for personal information that we require. We will only use this information to satisfy the purposes for which it was collected.
About us
Paintgard Ltd
Registered office:
First Floor Hill House, 23-25 Spur Road, Portsmouth PO6 3DY
Registered in England and Wales
Our company registration number is 06340543
You can email us here Contact Us