""We", "Us", "Our" means the "KINK OV GEAR" brand and its sales representatives & manufacturers.
"You", "Yours, "Buyer", "Customer", "Client", "They", "Theirs" means any visitor to this website, a prospective buyer, an actual buyer and or customer and their agents.
Special Goods Category
The buyer acknowledges that all of KINK-OV-GEAR products are either customised/made to measure to some extent or fall into the hygiene items category due to their intended use next to mouth/nose mucus, groin or pits areas. Therefore they cannot be resold and are not returnable as they are exempt from the UK and EU returns policies and remote selling cool off periods. We endeavour to delay dispatching our products by 48h, to confirm the order particulars and allow the buyer to change their mind and have a discretionary 48h cool off period prior to dispatching the goods. A 10% cancellation fee would apply however in this case as explained below. Our gas masks have tamper-evident stickers on the flesh-like inserts, linings, and lenses to ensure the buyer get a sanitised, factory-new product. Buyers of our recycled/upcycled garments understand they are buying a used fetish garment which may contain odours, stains and discolouring which are part of the appeal.
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<48hrs Order Cancelation 10% Fee
With regards to the discretionary 48hrs cooling-off period, the buyer understands that our payment processors charge us transaction fees even if the order is cancelled, and the buyer agrees to reimburse us for this loss if they change their mind about buying the product once the payment has gone through. Provided that the parcel has not yet been dispatched, if the buyer requests to cancel the purchase order within the 48hrs cool-off period, a modest 10% cancellation fee will apply to cover the transaction fees and relisting costs. The refund will be processed at 90% of the order value, and the buyer accept this as final. In the event we have to cancel the order due to lack of stock or labour shortages, the buyer will receive a full (100%) refund.
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>48hrs Order Cancelation 30% Fee
In exceptional circumstances, at our discretion, we may allow order cancellation after 48hrs have passed. The buyer understands that witing 48hrs of their placing the order, we buy materials to fulfil it and we also incur non-refundable payment processors charges. In the event we agree to customer's request to cancel the order after 48hra have passed, we will refund you 70% of customer'spayment, retaining 30% to cover our non-refundable purchasing and transactional costs. By purchasing from this website you consent to our cancelation policy
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No-contact
In the event of the customer's order missing notes, selection of extras or customisation choices, we will contact you by email, and SMS (if a phone number was provided) to seek clarification In the event we are still missing customer's order customisation preferences after 1 week has passed, we will email the customer again with the default options we chose for the customer, based on the most popular options. For gas mask extras they would be in the following order: 1) hose 2) filter 3) funnel 4) pup kit. For lenses, these would include black tinted lenes. In the event of non-contact from the buyer we will still endeavour to ship the item and email the buyer the tracking number. We reserve the right to withdraw from the contract at our discretion.
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Address Suitability
The buyer is responsible for providing a valid legal name, a physical address of a permanent dwelling and an email address for the purpose of shipping their order. The seller is not responsible for any parcels sent out to incorrectly typed addresses, or mismatches in addressee names. The billing address name and address needs to match the shipping name and address. If it does not, the buyer must provide contact details (email, phone number) of the recipient and explain their relations. The seller is not responsible for any loss of parcels to Post Boxes. KINKOVGEAR insists on shipping to permanent residential or commercial addresses and not: Post Boxes, mobile homes, camping sites or caravan parks with lot numbers. We may consider shipping to PO boxes of armed forces overseas at the buyer's own risk. We reserve the right to cancel orders to incomplete address entries, conflicting postcodes, shops, post offices, temporary accommodation, including mobile homes, caravan/trailer parks, campsites, services apartments/ airbnbs and hotels, or to request an alternative address that suits our delivery parameters and reduces the risk of delivery problems. We reserve the right to cancel the order and apply the 10% cancellation fee, should the shipping data discrepancy remain unresolved and unsatisfactory for a safe delivery of the order.
Delivery
The Buyer is responsible for covering all postage and customs costs associated with their purchase. The Buyer is responsible for providing the Vendor with their correct legal name, address, postcodes, email and phone numbers. The Buyer is responsible for chasing the parcel with their local delivery depot, and arranging redelivery KINK-OV-GEAR is not responsible for any lost or misplaced orders as a result of the Buyer providing incorrect information. KINK-OV-GEAR always uses tracked postage and documents the contents of all dispatched orders.
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Discreet Packaging
All our order are discretely packaged in cardboard boxes. Our brand does not appear on the box. The customs declaration legally needs to indicate the contents, but it will only vaguely mention the type of goods, e.g. "mask" or "hose" or "nozzle" "strainer", "toy" or "costume" etc.
Language
English is used for listings and in communication. If English is not understood, with current technology, we expect any visitor to our digital storefront & website to use automated translations (e.g. Google Translate) to read the listing and these terms & conditions. We will communicate to you in English. We may occasionally choose to communicate with in your native tongue using automated translators. In the event of any disputes, English shall be used by the seller and the buyer.
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S10.2s
The buyer understands that as per the listings description the "S10.2" stands for the FMJ08 factory-new replica of the British vintage "S10" gas mask from the 1980s. It features a different front module to the British icon, though the buyer not need it if they opted for the flesh insert conversion. The buyer understands that the original British gas mask will not be supplied.
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Custom Lenses
Great care is taken to manufacture S10.2 lenses in customer's chosen colour scheme. We will test each batch and make sure it fits the mask and that the lenses are free from major defects. Small scratches or imperfections near the edges are unavoidable and will not be rectified. The buyer understands this small-scale process and the potential for some imperfections. Customisation of S10.2 over-lenses is achieved by 3D printing the rims in one of the listed colours and applying desired tinting film to the pre-cut Perspex or polycarbonic lenses. The buyer acknowledges that 3D printed components are weaker & more brittle than moulded plastics, and may snap or chip upon frequent removal of the over-lenses from the lens sockets. The buyer will exercise great care removing the over0lenes and putting them on. They will apply only small pressure, slowly, around to apply the lenses & use the correct tools (flat-head screwdriver) to gently pop them off the rim. We accept no liability if that happens - we will point the customer to the preferred supplier for lens & rims replacements. In the event we cannot source the lenses ordered, we will refund the £50 surcharge paid and fulfil the rest of the order. The buyer shall not request for the rest of the order to be cancelled should their lens selection not be available.
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Legal
These terms and conditions (“Terms”) apply to your use of our website located at kinkovgear.bigcartel.com (“Site”) and all related services, features, content, and applications offered by KINK-OV-GEAR (collectively, “Services”). By using the Site and/or the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and KINK-OV-GEAR. If you do not agree to these Terms, you may not use the Site or the Services.
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User Conduct
By using the Site and/or the Services, you agree to comply with all applicable laws and regulations, and to not use the Site or the Services for any illegal or unauthorised purpose. You also agree to not engage in any activity that could damage, disable, overburden, or impair the Site or the Services, or interfere with any other party’s use and enjoyment of the Site or the Services. You are solely responsible for any content you submit through the Site or the Services, and you agree to not submit any content that is illegal, offensive, or otherwise inappropriate.
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Intellectual Property
All content, products and materials available through the Site and the Services, including but not limited to text, graphics, logos, images, and software, are the property of KINK-OV-GEAR or its licensors, and are protected by applicable intellectual property laws. You agree to not use, reproduce, distribute, or create derivative works based on any content or materials from the Site or the Services, unless expressly authorised in writing by KINK-OV-GEAR.
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Disclaimers of Liability
The Site and the Services are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. KINK-OV-GEAR does not guarantee that the Site or the Services will be error-free, uninterrupted, or free from viruses or other harmful components. KINK-OV-GEAR will not be liable for any damages of any kind arising from the use of the Site or the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
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Modifications to Terms and Services
KINK-OV-GEAR reserves the right to modify these Terms at any time, in its sole discretion. Any such modifications will be effective immediately upon posting to the Site. KINK-OV-GEAR also reserves the right to modify or discontinue the Services, in whole or in part, at any time, without notice. Your continued use of the Site and/or the Services following any such modifications constitutes your acceptance of the revised Terms.
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Governing Law and Jurisdiction
These Terms and your use of the Site and the Services will be governed by and construed in accordance with the English Law, without giving effect to any principles of conflicts of law. Any dispute arising from these Terms or your use of the Site or the Services will be resolved exclusively in the United Kingdom.
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Security
We take reasonable measures to protect your personal information from unauthorised access, use, and disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
Adult Policy
The Site and the Services are not directed at persons under the age of 18, and we do not knowingly collect personal information from persons under the age of 18.
Changes to this Policy
We may modify this Policy from time to time, at our sole discretion. Any such modifications will be effective immediately upon posting to the Site. Your continued use of the Site and/or the Services following any such modifications constitutes your acceptance of the revised Policy.
Disclaimer
Disclaimer. This item is sold as a novelty wearable art piece only, We make no guarantees as to any other unintended uses. None of our masks are not suitable for medical use, heavy physical activity, purification of pollutants or toxic gases, not for any induced control of breathing. By purchasing this item you confirm you have familiarised yourself with all our terms & conditions stated on our website linked in the shopfront and read all the website's pages and articles e.g. on product safety, our values, build techniques, policies etc. You also agree to use the purchased item at your own risk, following your own careful examination of all hazards, particularly relating to testing fresh air supply and exchange.
The information provided on the KINK-OV-GEAR website (the “Site”) is for general informational purposes only. While we strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will KINK-OV-GEAR be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Site or our products. All our products are used at the user's own risk following user's own common sense safety tests and risk assessments. All our products are to be inspected for sanitation, sharp or stuck objects, and breathability prior to each use. Our products may not be used if sufficient airflow of fresh air cannot be guaranteed.
Through the Site, you may be able to link to other websites which are not under the control of KINK-OV-GEAR. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Site up and running smoothly. However, KINK-OV-GEAR takes no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
The information provided on the Site is not intended to be a substitute for professional advice. Always seek the advice of a veterinarian or other qualified pet care provider with any questions you may have regarding the health or well-being of your pet.
By using the Site, you acknowledge and agree that KINK-OV-GEAR is not responsible for any claims, losses or damages arising from your use of the Site or any information or content contained therein.
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Copyright Notice
Our products and all content on our website (the “Site”), our online store(s) , Twitter/X or Instagram accounts and in our documents, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, and software, is the property of KINK-OV-GEAR and is protected by the UK and international copyright and Intellectual Property laws. The design of the Product and its Possible Functions are protected and their copying reserved and restricted without our written permission.
The compilation of all content on the Site is the exclusive property of KINK-OV-GEAR and is protected by the UK and international copyright laws
KINK-OV-GEAR grants you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of KINK-OV-GEAR. This licence does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Any portion of our Products and/or the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of KINK-OV-GEAR. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KINK-OV-GEAR without our express written consent.
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By purchasing our product you agree to protect it's design and Intellectual Property in perpetuality and agree not to copy or reverse-engineer our designs nor to ever market any products similar in appearance and function to what you purchased from us. We reserve the right to legal action should our Intellectual property be compromised, particularly following any purchase of our products.
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KINK-OV-GEAR is not affiliated with any company or brand whose logo or trademark may appear on our upcycled, repurposed or refurbished items and does not make any money from any trademarks. We do not benefit from these trademarks, and consider ourselves to be ethical, sustainable pre-loved resellers in the circular economy.
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KINK-OV-GEAR is not affiliated with any shop, e-store, company or website not motioned on this website. Be aware of scams online that may use pictures of our desings.
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Further to the Official Physical Store Partners announced on this website, KINK-OV-GEAR is present on Etsy, Ebay & Second Skin, where you can get a smaller selection of our genuine gear from our official shopfronts there.
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