Trading Terms & Conditions
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are 3SixtyWraps Ltd, a company registered in England, # 9214799. Our address is: 14 Scotia Close, Brackmills Industrial Estate, Northampton, NN4 7HR
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:
In this agreement:
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.|
|“Extra Work”|| |
means all of the work we do and materials we buy to prepare or produce Specified Goods.
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.|
|“Intellectual Property”||means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.|
|“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.|
|“Specified Goods”||means Goods which have been subject to work or process to your specific order.|
|“Our Website”||means any website of ours, and includes all web pages controlled by us.|
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
2.4. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5. any agreement by either 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.
2.6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £100 per hour.
2.8. these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. 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.
3.3. 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.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.
3.5. 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. We advise you to print a copy for your records.
3.6. 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.
3.7. 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.
4. Acceptance of your order
4.1. This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
4.2. Your order is an offer to buy from us.
4.3. We shall accept your order via out online shop. That is when our contract is made. Our system will also confirm details of your purchase and tell you when we shall despatch your order.
4.4. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.5. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.5.1. accept the alternatives we offer;
4.5.1. cancel all or part of your order.
5. Extra Work and approval of Proof / Sample
5.1. This paragraph applies to Specified Goods.
5.2. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
5.3. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
5.4. Within 7 days of entering into this contract we will submit proof / Design Proposals to you for approval.
5.5. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
5.6. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition, you will pay us a mark-up of 30% of the total cost of Extra Work.
6.1. Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.
7.1. We will not split an order. We require the full price of your order before we will send any part of it.
7.2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
7.3. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
7.4. 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.
7.5. 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.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8.2. 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.
9. Cancellation and refunds
Please note that this paragraph does not apply to any Specified Goods you order through Our Website.
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. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
9.1. 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.
9.2. The following rules apply to cancellation of your order:
9.2.1. 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.
9.2.2. 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.
9.2.3. We will return your money subject to the following conditions:
18.104.22.168. 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.
22.214.171.124. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
9.3. The option to cancel your order is not available:
9.3.1. 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;
9.3.2. if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
9.3.3. If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
9.4. 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.
9.5. In any of the above scenarios, we will return your money within 14 days.
10. Liability for subsequent defects
10.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
10.2. The procedure to return the faulty Goods is as follows:
10.2.1. the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
10.2.2. 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 power supply, plugs and sockets / other].
10.2.3. please follow the returns procedure provided on our website.
10.3. We will return your money subject to the following conditions:
10.3.1. we receive the Goods with labels and packaging intact.
10.3.2. you comply with our returns procedure. We cannot return your money unless we know who sent them.
10.3.3. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
10.4. If any defect is found, then we shall:
10.4.1. repair or replace the Goods, or
10.4.2. refund the full cost you have paid including the cost of returning the Goods.
11.1. Goods are delivered within 14 days from the day you place an order to purchase the Goods.
11.2. You may collect your Goods from our workshop at 3SixtyWraps, 14 Scotia Close, Brackmills Industrial Estate, Northampton, NN4 7HR
11.3. Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
11.4. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
11.5. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
11.6. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature for example: “leave it in the garage”.
11.7. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
11.8. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age 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.
11.9. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
11.10. 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.
11.11. 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.
11.12. 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.
11.13. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
11.14. We are happy for you to pick up Goods from our shop/ showroom provided you make an appointment in advance and payment has been received into our bank.
11.15. If you pick up Goods from our premises then:
11.15.1. we will not be able to assist you in loading heavy items;
11.15.2. Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
11.15.3. 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.
12. Foreign taxes and duties
12.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
12.2. 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.
13. Risk and retention of title
13.1. The Goods shall be at your risk as from delivery.
13.2. We shall deliver the Goods, duty and delivery paid, to your premises at the addresses entered on the website at the time of ordering.
13.3. In spite of delivery having been made, title to the Goods shall not pass from us until:
13.3.1. you have paid the price in full; and
13.3.2. no other sums whatever shall be due from you to us.
13.4. Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.
13.5. You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our Goods.
13.6. Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for our account.
13.7. Any sale or dealing shall be a sale or use of our Goods by you on your own behalf, so that you deal as principal and not as agent for us.
13.8. Until title to the Goods passes from us the entire proceeds of sale of the Goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
13.9. We shall be entitled to recover the price notwithstanding that property in any of the Goods has not passed from us.
13.10. If we ask you to return Goods unsold you must do so.
13.11. If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.
13.12. You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
13.13. You must keep the Goods insured to their full value against ‘all risks’ to our reasonable satisfaction until sold on by you.
13.14. If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.
13.15. While ever we have title to any of the Goods, which you have attached to or incorporated into new goods, then:
13.15.1. title to the new goods shall vest in us;
13.15.2.you shall hold such goods as bailee of and to the order of us until we have received payment in full.
13.15.3.all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new goods.
13.16. You must promptly deliver the prescribed particulars of this contract to the Companies Registrar in accordance with the Companies Act 2006 Part 25 as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall immediately become due and payable.
14. Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
14.1. 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.
14.2. Before you return 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 power supply, plugs and sockets.
14.3. So far as possible, Goods should be returned:
14.3.1. with both Goods and all packaging as far as possible in their original condition;
14.3.2. securely wrapped;
14.3.3. including our delivery slip
14.3.4. at your risk and cost.
14.4. You must tell us by email message to email@example.com you 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. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
14.5. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
14.6. Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
14.7. If we agree that the Goods are faulty, we will:
14.7.1. refund the cost of return carriage;
14.7.2. repair or replace the Goods as we choose.
14.8. 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.
15. Waste Electronic and Electrical Equipment Regulations 2013
15.1 These regulations provide that suppliers like high street shops and internet retailers must allow Consumers to return their waste equipment free of charge.
15.2. Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
15.3. If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.
16. How we handle your Content
16.2. If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control who sees it nor what anyone does with it.
16.3. 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.
16.4. 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;
16.5. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.6. Please notify us of any security breach or unauthorised use of your account.
17. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
17.1. be unlawful, or tend to incite another person to commit a crime;
17.2. consist in commercial audio, video or music files;
17.3. be sexually explicit or pornographic;
17.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
17.5. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
17.6. be made on behalf of some other person, or impersonate another person;
17.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
17.8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
17.9. 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;
17.10. link to any of the material specified in this paragraph;
17.11. use distribution lists that include people who have not given specific permission to be included in such distribution process;
17.12. send age-inappropriate communications or Content to anyone under the age of 18.
18. 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:
18.1. hyperlinks, other than those specifically authorised by us;
18.2. keywords or words repeated, which are irrelevant to the Content Posted.
18.3. the name, logo or trademark of any organisation other than yours.
18.4. inaccurate, false, or misleading information;
19. Removal of offensive Content
19.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
19.2. We are under no obligation to monitor or record the activity of any user of Our Website 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.
19.3. If you are offended by any Content, the following procedure applies:
19.4. 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.
19.4.1. we shall remove the offending Content as soon as we are reasonably able;
19.4.2. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
19.4.3. we may re-instate the Content about which you have complained or we may not.
19.5. 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.
19.6. you now agree that if any complaint is made by you frivolously or veraciously you will repay us the cost of our investigation including legal fees, if any.
20. 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:
20.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
20.2. 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;
20.3. download any part of Our Website, without our express written consent;
20.4. collect or use any product listings, descriptions, or prices;
20.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
20.6. 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;
20.7. share with a third party any login credentials to Our Website;
20.8. Despite the above terms, we now grant a licence to you to:
20.8.1. 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 your 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.
20.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
21.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
21.2. 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.
21.3. We make no representation or warranty for:
21.3.1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
21.3.2. the adequacy or appropriateness of the Goods for your purpose.
21.4. 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.
21.5. 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.
21.6. We shall not be liable to you for any loss or expense which is:
21.6.1. indirect or consequential loss; or
21.6.2. 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.
21.7. 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.
21.8. If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us. We welcome your input but do not guarantee to agree with your judgement.
22. Your account with us
22.1. 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.
22.2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
22.3. 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.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
23.1. your failure to comply with the law of any country;
23.2. your breach of this agreement;
23.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
23.4. a contractual claim arising from your use of the Goods;
23.5. a breach of the intellectual property rights of any person.
24. Intellectual Property
24.1. Copyright works owned by you or a third party are unaffected by this agreement.
24.2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
24.3. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
24.4. We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
25. 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:
25.1. If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org
25.2. 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.
25.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
26. Miscellaneous matters
26.1. 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.
26.2. 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 or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
26.3. 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.
26.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
26.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
26.6. 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.
26.7. 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.
26.7.1. It shall be deemed to have been delivered:
126.96.36.199. if delivered by hand: on the day of delivery;
188.8.131.52. if sent by post to the correct address: within 72 hours of posting;
184.108.40.206. 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.
26.8. 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.
26.9. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.
26.10. 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.
26.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales 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.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Model cancellation form
To 3SixtyWraps Ltd, a company registered in England, # 9214799. Our address is: 14 Scotia Close, Brackmills Industrial Estate, Northampton, NN4 7HR. ) +44 01604 645 826. email@example.com.
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
In these Conditions:
- “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and 3SixtyWraps Ltd;
- “Contract” means the contract between the Customer and 3SixtyWraps Ltd for the supply of Goods and/or Services in accordance with these Conditions;
- “Customer” means the person whose order for Goods and/or Services is accepted by 3SixtyWraps Ltd;
- “Goods” means the goods which 3SixtyWraps Ltd sells to the Customer under these Conditions;
- “Order Confirmation” means the acceptance of the Quotation provided by 3SixtyWraps Ltd to the Customer whether written or oral;
- “Quotation” means the quotation for the Goods and Services provided to the Customer by 3SixtyWraps Ltd whether written or oral;
- “Services” means any services provided to the Customer (including all of them or any part of them) under a Contract;
“3SixtyWraps Ltd” means the 3SixtyWraps Ltd (company number 09214799) whose registered office is at 14 Scotia Close, Brackmills Industrial Estate, Northampton, NN4 7HR.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Making the Contract
Each Quotation returned by the Customer to 3SixtyWraps Ltd will be deemed to be an offer by the Customer to buy the Goods and/or Services in accordance with these Conditions. The Contract is made when the Quotation is accepted by 3SixtyWraps Ltd by the issue to the Customer of an Order Confirmation. The Contract will not be made until an Order Confirmation has been issued by 3SixtyWraps Ltd or 3SixtyWraps Ltd commences provision of the Goods and/or Services.
The Contract is subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions, all previous oral or written representations made by 3SixtyWraps Ltd or which are implied by law, trade custom, practice or course of dealing, but subject to the provisions of Condition 2.3.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and 3SixtyWraps Ltd.
The Customer must ensure that the terms of the Quotation and any applicable specification are complete and accurate. If the Customer wishes to amend any aspect of the information the Customer has given it must contact 3SixtyWraps Ltd immediately. Although 3SixtyWraps Ltd will use reasonable endeavours to implement any such amendment which the Customer requests, 3SixtyWraps Ltd cannot guarantee that it will be able to do so after the Order Confirmation has been issued. If such amendment changes any other aspect of the Quotation (for example the price) and 3SixtyWraps Ltd is able and willing to amend it, then 3SixtyWraps Ltd will send the Customer a new Order Confirmation.
All Quotations are, unless agreed otherwise in writing, valid for 30 days only or until earlier acceptance by the Customer after which time they may be altered by 3SixtyWraps Ltd without giving notice to the Customer.
Any advice or recommendation given by 3SixtyWraps Ltd or its employees or agents to the Customer or its employees or agents as to the storage, application, suitability or fitness for purpose for use of the Goods which is not confirmed in writing by 3SixtyWraps Ltd is followed or acted upon entirely at the Customer’s own risk, and accordingly 3SixtyWraps Ltd shall not be liable for any such advice or recommendations which is not so confirmed.
Provision of the Goods and Services
The quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Quotation. It is the obligation of the Customer to check the structure to which the Goods are to be affixed, and to prepare surfaces to which the Goods may be applied, so that in each case they are suitable for such affixing and application. The Customer acknowledges that following installation it is responsible for the inspection, maintenance and repair of Goods supplied under the Contract.
If the Goods are manufactured or any process is applied to the Goods by 3SixtyWraps Ltd in accordance with a specification submitted by the Customer whether in writing or otherwise the Customer shall indemnify 3SixtyWraps Ltd against all loss damages costs and expenses awarded against or incurred by 3SixtyWraps Ltd in connection with or paid or agreed to be paid by 3SixtyWraps Ltd in settlement of any claim for infringement of any patent, copyright, design, trademark (whether registered or not), or other industrial or intellectual property rights of any third party which results from 3SixtyWraps Ltd’s use of any or all of the Customer’s specification.
3SixtyWraps Ltd reserves the right to make any changes in the specification of the Goods and/or Services which are required to conform with any applicable legal or regulatory requirements (including but not limited to safety requirements) or which do not materially affect their quality or performance.
No order which has been accepted by 3SixtyWraps Ltd may be cancelled by the Customer except with the agreement in writing of 3SixtyWraps Ltd and on terms that the Customer shall indemnify 3SixtyWraps Ltd in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by 3SixtyWraps Ltd as a result of cancellation.
Where a Quotation is based upon information supplied by the Customer, the Customer is responsible for its accuracy and any increased costs of supply resulting in any inaccuracy are the Customer’s responsibility.
All samples, drawings, descriptions, specifications, illustrations and advertising issued by 3SixtyWraps Ltd or contained in any of 3SixtyWraps Ltd catalogues or brochures or on any website connected with 3SixtyWraps Ltd (together “Samples”) are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. Samples do not form part of the Contract and the Contract is not a sale by sample.
At the request of the Customer and at its cost, and at the sole discretion of 3SixtyWraps Ltd, 3SixtyWraps Ltd may remove materials (including but not limited to old signage) from the premises of the Customer.
3SixtyWraps Ltd requires the Customer, prior to the provision of the Goods and/or Services, to obtain any necessary consents and approval to:
the installation and/or application of the Goods, including but not limited to any planning and/or landlord consents; and
the use of any logo, trade mark or design required for the Goods (included but not limited to the right to use the copyright and any other intellectual property rights in such logo, trademarks and design).
All intellectual property rights (including but not limited to copyright) arising from the creation of Goods by 3SixtyWraps Ltd shall remain the property of 3SixtyWraps Ltd and the Customer shall not copy or reproduce the Goods without the prior written consent of 3SixtyWraps Ltd.
Price of the Goods
The price of the Goods and Services shall be the price set out in the Order Confirmation or (where the price is not referred to in the Order Confirmation) as set out in the Quotation, or (where no price has been quoted or a quoted price is no longer valid) the price calculated by 3SixtyWraps Ltd from its normal price list from time to time.
3SixtyWraps Ltd reserves the right to increase the price of the Goods and/or Services to cover:
any increase in the cost to 3SixtyWraps Ltd which is due to any factor beyond the control of 3SixtyWraps Ltd (such as without limitation any foreign exchange fluctuation currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture);
any change in delivery dates quantities or specification of the Goods and Services which are requested by the Customer;
any delay caused by any instruction of the Customer or failure of the Customer to give 3SixtyWraps Ltd adequate information or instructions;
the costs of additional work carried out by 3SixtyWraps Ltd to be able to perform the Services (including but not limited to the preparation of surfaces to which Goods are to be applied and the disposal of materials at the request of the Customer); or
to comply with any requirements referred to in Conditions 2.4, 3.5 and 3.7.
Except as otherwise expressly set out in the Contract all prices are given by 3SixtyWraps Ltd exclusive of:
packaging and delivery of the Goods to the Customer’s premises;
any applicable value added tax or other applicable sales tax or duty and such sums shall be added to the price.
Terms of Payment
Subject to any special terms agreed in writing between the Customer and 3SixtyWraps Ltd, 3SixtyWraps Ltd shall be entitled to invoice the Customer for the price of the Goods and the Services on or at any time after delivery of the Goods and/or performance of the Services unless the Goods are to be collected by the Customer or the Customer fails to take delivery of the Goods and/or accept performance of the Services after 3SixtyWraps Ltd has notified the Customer that the Goods are ready for collection and/or the Services are to be provided in which event 3SixtyWraps Ltd shall be entitled to invoice the Customer for the price at any time after such notification or (as the case may be) 3SixtyWraps Ltd has tendered delivery of the Goods and the Customer has failed to take delivery.
Subject to Condition 5.3 below the Customer shall pay the price of the Goods and/or the Services within no more than 30 days of the date of delivery of the Goods and/or performance of the Services notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be the essence of the Contract. Receipts for payment will only be issued on request by the Customer.
If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to 3SixtyWraps Ltd 3SixtyWraps Ltd shall be entitled to:
cancel the Contract or suspend further deliveries of Goods and/or provision of Services to the Customer;
appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any Contract between the Customer and 3SixtyWraps Ltd) as 3SixtyWraps Ltd think fit (not withstanding any purported appropriation by the Customer);
charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of four per cent per annum above Barclays Bank plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Delivery of the Goods shall be made by the Customer collecting the Goods at 3SixtyWraps Ltd’s premises at any time after 3SixtyWraps Ltd has notified the Customer that the Goods are ready for collection or if some other place for delivery is agreed by 3SixtyWraps Ltd by 3SixtyWraps Ltd delivering the Goods to that place subject to Condition 4.3. Provision of the Services shall be made at the location specified in the Order Confirmation at any time after 3SixtyWraps Ltd has notified the Customer that the Services are ready to be provided.
Any dates quoted for delivery of the Goods and/or provision of the Services are approximate only and 3SixtyWraps Ltd shall not be liable for any delay in delivery of the Goods and/or provision of the Services howsoever caused. Time for delivery and/or provisions shall not be of the essence unless previously agreed in writing by 3SixtyWraps Ltd. The Goods may be delivered and/or the Services provided to the Customer in advance of the quoted date upon giving reasonable notice to the Customer.
If the Customer fails to take delivery of the Goods or accept provision of the Services or fails to give 3SixtyWraps Ltd adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of 3SixtyWraps Ltd’s fault) than without prejudice to any other right or remedy available to 3SixtyWraps Ltd, 3SixtyWraps Ltd may:
store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage;
sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
3SixtyWraps Ltd may deliver the Goods by separate instalments and perform any Services in stages. Each separate instalment or stage will be invoiced and paid for in accordance with the provisions of the Contract.
Each instalment or stage will be a separate Contract and, unless specifically set out in these Conditions, no cancellation or termination of any one Contract relating to an instalment or stage will entitle the Customer to repudiate or cancel any other Contract or instalment or stage.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Customer:
in the case of Goods to be delivered at 3SixtyWraps Ltd’s premises at the time when 3SixtyWraps Ltd notifies the Customer that the Goods are available for collection;
in the case of the Goods to be delivered otherwise than at 3SixtyWraps Ltd’s premises at the time of delivery to such premises or, if the Customer fails to take delivery of the Goods, from the time when 3SixtyWraps Ltd has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions ownership of the Goods shall not pass to the Customer until 3SixtyWraps Ltd has received in cash or cleared funds payment in full of the price of the Goods and all other Goods and Services for which payment is due from 3SixtyWraps Ltd.
Until such time as ownership of the Goods passes to the Customer the Customer shall hold the Goods as 3SixtyWraps Ltd’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored protected and insured and identified as 3SixtyWraps Ltd’s property.
[The Customer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to 3SixtyWraps Ltd for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Customer and third parties and in the case of tangible proceeds properly stored protected and insured.]
Until such time as ownership in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) 3SixtyWraps Ltd shall be entitled at any time to require the Customer to deliver up the Goods to 3SixtyWraps Ltd and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of 3SixtyWraps Ltd but if the Customer does so all monies owing by the Customer to 3SixtyWraps Ltd shall (without prejudice to any other right or remedy of 3SixtyWraps Ltd) forthwith become due and payable.
Warranties, Liabilities and Indemnity
3SixtyWraps Ltd warrants that, on delivery, the Goods shall conform in all material respects with their description and be free from material defects in design, material and workmanship.
3SixtyWraps Ltd warrants to the Customer that the Services will be provided using reasonable care and skill.
3SixtyWraps Ltd will within a period of 12 months from the date of delivery of Goods and from the date of provision of Services, in respect of Goods and/or Services which are proved to the reasonable satisfaction of both parties to be damaged or defective, or not to comply with the agreed specification due to defects in material, workmanship or design (other than a design made, furnished or specified by the Customer), repair, or at its option replace, such Goods, and/or re-perform or at its option refund the price of such Services. This obligation will not apply where:
the Customer has improperly used the Goods in any way whatsoever, or the Goods have been subjected to misuse, unauthorised repair, damage, negligence, adverse weather conditions and/or alteration;
the Customer has not complied with any instructions relating to preparation of the surfaces and areas to which the Goods are applied, and/or such surfaces or areas have been subjected to previous workmanship by third parties and/or contain latent defects;
damage, discolouration, paint removal, cut marks or other failure of painted surfaces has occurred:
to re-sprayed vehicles or parts of vehicles;
to paintwork less than three weeks old;
to soft or non-hardened paintwork;
resulting from the fitment or removal of third-party graphics supplied by the Customer; or
for any other reason that is no fault of 3SixtyWraps Ltd;
3SixtyWraps Ltd carries out work which is not provided for in the Order Confirmation, and is beyond the scope of the Services;
the Customer has not complied with any instructions as to use and care of the Goods in all respects; or
the Customer has failed to notify 3SixtyWraps Ltd of any problem or suspected problem within 2 days of the provision of the Services and/or supply of the Goods.
Any repaired or replacement Goods or re-performed Services will be liable to repair or replacement (or re-provision or, at 3SixtyWraps Ltd’s option, refund) under the terms specified in Condition 8.1 for the unexpired portion of the 12 month period from the original date of delivery of the replaced Goods or from the original date of provision of the re-performed Services.
The above warranty does not extend to parts materials or equipment not manufactured by 3SixtyWraps Ltd in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to 3SixtyWraps Ltd.
3SixtyWraps Ltd accepts liability for personal injury or death caused by the negligence of 3SixtyWraps Ltd or its employees (acting within the course of their employment or duties and the scope of their authority) and for any other matter for which it would be illegal to exclude or attempt to limit or exclude its liability.
Except as provided in the foregoing provisions of this Condition 8, 3SixtyWraps Ltd will be under no liability to the Customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or for any direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
any breach by 3SixtyWraps Ltd of any of the express or implied terms of the Contract;
any of the Goods and/or Services (including but not limited to any use made by the Customer of any Goods, or of any product incorporating any of the Goods), or the manufacture or sale or supply, or failure or delay in supply, of the Goods and/or Services by 3SixtyWraps Ltd or on the part of 3SixtyWraps Ltd’s employees, agents or sub-contractors;
any non-fraudulent statement made or not made, or advice given or not given, by or on behalf of 3SixtyWraps Ltd.
Except as set out in the foregoing provisions of this Condition 8, 3SixtyWraps Ltd hereby excludes to the fullest extent permissible in law, all express (other than those set out in the Contract) or implied, statutory, customary clauses, warranties and stipulations or otherwise which, but for such exclusion, would or might subsist in favour of the Customer, including (but not limited to) the terms implied by sections 13 to 15 of the Sales of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982.
The Customer acknowledges that the above provisions of this Condition 8 are reasonable and reflected in the price which may be higher without those provisions, and the Customer will accept such risk and/or insure accordingly.
3SixtyWraps Ltd shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of 3SixtyWraps Ltd’s obligations in relation to the Goods and/or Services if the delay or failure was due to any cause beyond 3SixtyWraps Ltd’s reasonable control. Without prejudice to the generality of the foregoing, causes beyond 3SixtyWraps Ltd’s reasonable control shall include (but not be limited to) the following:
act of God, storm, explosion, flood, tempest, fire or accident;
war (or threat of war), riot, civil commotion or malicious damage;
compliance with any law or governmental order, rule, regulation or direction;
import or export regulations or embargoes;
strike, lock-out or other industrial actions or trade dispute (whether involving employees or 3SixtyWraps Ltd or a third party);
failure of a utility service or transport network;
difficulties in obtaining raw materials labour fuel parts or machinery;
power failure or breakdown of plant or machinery;
default of suppliers or sub-contractors.
The Customer agrees to indemnify, keep indemnified and hold harmless 3SixtyWraps Ltd from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill and like loss), costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which 3SixtyWraps Ltd incurs or suffers as a consequence of direct or indirect breach or negligent performance or failure in performance by the Customer of any of the terms of the Contract, including in particular (but not limited to) the Customer’s ongoing obligations under Condition 3.1.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address may be at the relevant time have been notified pursuant to this provision giving the notice.
3SixtyWraps Ltd may transfer, assign, hold on trust, licence or sub-contract all or any part of its rights or obligations under any Contract.
Each and every Contract is personal to the Customer and the Customer may not transfer all or any of its rights or obligations under any Contract without the prior written consent of 3SixtyWraps Ltd.
Neither party intends that any of the terms of any Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it, save that 3SixtyWraps Ltd Limited shall be entitled to enforce any provision of the Contract.
No waiver by 3SixtyWraps Ltd of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any provisions.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
Any dispute arising under or in connection with these Conditions and any Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.