Terms of service

TERMS AND CONDITIONS (Pro-garden.co.uk, Pro-Sheds.co.uk, Pro-roofs.co.uk, Pro-glazing.co.uk)

The following Terms and Conditions of Use Agreement (referred to as "Terms") governs the use of any of our websites (referred to as "website"). It is crucial that you read these Terms carefully, as using the website will automatically mean you agree to be legally bound by the terms and conditions outlined here. These Terms also apply to your purchase of products provided through the website. If you do not agree to these Terms, you may not use the website(s) or the services provided by the Company through its website(s).

Pro-Retail Ltd (referred to as "the company") owns the website, a company registered in England and Wales (company number 16277004)

The following definitions apply to these Terms:

· "Personal Information" refers to all data and/or information provided by and about the User, including email addresses, names, addresses, credit card or other payment information, etc.

· "Company website" refers to all websites on which the Company provides products and/or services.

· "Company User" refers to all Users of the Company website(s) and services.

· "Company Products and Services" refers to all products and/or services provided directly by the Company.

· "3rd-Parties" include all advertisers, partners, and affiliate vendors included on, or linked to, the Company website(s).

· "Consumer" refers to any individual member of the public wishing to purchase a product via the website.

1. ORDERING

Consumer: These terms of sale apply to all goods and services supplied by Pro Retail Ltd. The websites are governed by the following terms and conditions; they do not affect your statutory rights. These terms are not applicable to business-to-business transactions.

1.1. Description and Price of Goods and Services

1.1.1. We strive to describe and display items and services as accurately as possible. However, slight variations may occur. If you have any questions, please contact our customer service team.

1.1.2. Product images are as accurate as possible, but your products may vary slightly from those images.

1.1.3. If a pricing error is found, we reserve the right to cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

1.1.4. We reserve the right to amend the price and specification of any item without notice.

1.1.5. All prices include VAT (where applicable) at the current rates.

1.1.6. All delivery periods are typical for that product, variations can occur due to exceptional demand, transport issues, particularly for remote locations, stock shortages etc.

1.2. The Order

1.2.1. You, the consumer, place an order by ordering via the online checkout process. During the checkout process, you will have the opportunity to check your order and correct any errors. An order acknowledgment will be sent, detailing the products and services you have ordered.

1.2.2. The order is subject to your right of cancellation (see below).

1.2.3. Any order placed by you for goods and services advertised on the website is an offer by you to purchase the goods and services selected in your order. No contract exists between you and us for the provision of services and sale of any goods until we have received your order and accepted it (which we may do at our discretion). The acceptance of an order takes place when we activate a service, dispatch the order, or send you confirmation by email, even if your payment has been processed immediately.

1.2.4. We may refuse at our discretion to accept an order:

(a) where we cannot obtain authorization for your payment.

(b) if there has been a pricing or product description error.

(d) if we do not deliver to your address.

(e) if services or information ordered by you are not available.

1.2.5. If we do not accept your order but have processed your payment, we will refund your account with any amount deducted by us as soon as possible, but in any event within 30 days of your order. We will not pay any additional amount as compensation for disappointment.

1.2.6. Please note that shipments are not made outside the UK.

1.3. Payment

1.3.1. Payment can be made by any of the options on our website. Payment is due before delivery or commencement of service. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.

1.3.2. Payment online: Our secure server software encrypts all your payment card details. Your browser will confirm that you are shopping in a secure environment.

1.3.3. To ensure that your credit, debit, or charge card is not being used without your consent, we will validate the name, address, and other personal information supplied by you during the order process against appropriate third-party databases.

1.3.4. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. This is done only to confirm your identity; a credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

1.4. Returns and Refunds

1.4.1. If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period, if you change your mind or for any other reason decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.

1.4.2. However, this cancellation right does not apply in the case of:

Any made-to-measure or custom-made products or products made to your specification.

1.5. Cancellation Rights

1.5.1. You have the right to cancel this contract within 14 days without giving any reason.

1.5.2. The cancellation period will expire after 14 days from:

· the day of the conclusion of the contract (in the case of services); or

· the day on which you acquire, or a third party other than the carrier nominated by you, acquires physical possession of the goods.

1.5.3. To exercise the right to cancel, you must inform us in good time of your decision to cancel this contract by a clear statement in writing by post or email to our customer service team.

1.6. Results of Cancellation

1.6.1. If you cancel this contract, we will reimburse you for all payments received from you, including the normal costs of delivery.

1.6.2. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of damage or devaluation by you.

1.6.3. We will make the reimbursement without undue delay, and not later than:

· (a) 14 days after the day we receive back from you any goods supplied, or

· (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

· (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

1.6.4. We will make the reimbursement using the same means of payment as you used for the initial transaction. 1.6.5. You may have to bear the direct cost of returning the goods.

1.7. Delivery

1.7.1. We will deliver goods ordered by you as soon as possible to the address you provide for delivery. However, we reserve the right not to make deliveries outside the published delivery limits and, in any event, not outside the UK.

1.7.2. Upon receipt of your order, you may be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery, please sign for the parcel as "UNCHECKED." Failure to do so may affect any warranty claims that you make thereafter.

1.7.3. If the goods we deliver are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 14 working days of the delivery of the goods in question.

1.8. Title

Title in any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

1.9. Faulty or Damaged Products

1.91. Please be aware that any products returned to us as defective will be inspected and verified by our technicians. If the products are found to be non-defective, they will be returned to you, and we will charge you for the return shipping costs via your original payment method or hold the product until full payment for the return shipping costs is received.

1.92. If you report a problem to us under this condition, our only obligation will be, at your discretion: (a) to rectify any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund the amount you paid for the goods in question in a manner we choose.

1.93. Except as prohibited by law, we will not be liable for any indirect or consequential loss, damage, or expenses (including loss of profits, business, or goodwill) arising from any problem you report to us under this condition. Our liability is limited to refunding the amount you paid for the goods in question.

1.10. Limitation of Liability

1.101. The Company will not be liable for any loss or damage in circumstances where: (a) There is no breach of a legal duty owed to you by the supplier or its employees or agents; (b) Such loss or damage is not a reasonably foreseeable result of any such breach; (c) Any increase in loss or damage results from a breach by you of any term of this contract.

1.102. Notwithstanding the above, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

2. Copyright

2.1. The Company website contains copyrighted material, trademarks, and other proprietary information. The entire content of the website is copyrighted as a collective work under UK and International copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, except as expressly permitted under copyright law or these Terms.

3. Disclaimer

3.1. While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality of information or material displayed on any Company websites. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company website.

3.2. The Company does not make any warranties or representations regarding any information provided by any user on any of the Company websites. The Company does not warrant or represent that said data, service, and/or information is true or accurate, or that it fulfils or serves any particular purpose.

3.3. Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

3.4. The Company websites and all materials, information, products, and services included in the Company websites are provided "as is," with no warranties expressed or implied.

3.5. The Company and its websites are not responsible or liable for content posted by others, including users, third parties, actions of any third party, or for any damage to, or virus that may infect, a user’s computer equipment.

4. Liability

4.1. The Company’s liability (and that of our officers, directors, employees, shareholders, or agents) of any kind with respect to our website or service for any one event or series of related events is limited to the total fees you have paid to us in the 12 months before the event(s) complained of.

4.2. In no event (including our own negligence) will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business, or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect, or consequential losses; or (d) damage to or loss of data (even if we have been advised of the possibility of such losses).

4.3. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

5. Indemnity

5.1. You, the consumer, agree to indemnify, defend, and hold harmless the Company, its website(s), and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy, and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:

Your use of the Company website(s);
The Company's use of any of your content or information, as long as such use is not inconsistent with these terms;
Information or material provided through your IP address, even if not posted by you; or
Any violation of these Terms by you.

6. General Terms

6.1. The section titles and numbering used in these Terms are purely for convenience and carry no legal or contractual effect.

6.2. Complaints Procedure: Please contact customer service at the email address provided.

6.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.

6.4. These Terms represent the entire understanding between the user and the Company and supersede any prior statements or representations, they form a legally binding agreement between the company and the consumer. The consumer agrees that the time limit for any claim or action is 6 months from the date of purchase.

6.5. These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration, or business or any other relevant country.

7. Contact Information

Our contact details are as follows: Proretailsheds@outlook.com