Terms & Conditions (Full)
Terms and Conditions of Sale ("Terms")
These Terms are the terms on which we will supply the Goods to you listed on the Website. Please read these Terms carefully and understand them before ordering any Goods. By ordering any of the Goods, you agree to be bound by these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods from the Website. If you are uncertain as to your rights under these Terms or you want any explanation about them please write to us or telephone our office at the address and telephone number set out at the bottom of these Terms under "Contact Us" before you place an order.
Definitions and Interpretation
In these Terms the following definitions apply in these Terms:
"Goods" means the goods purchased by you from the Website;
"Order" means your order for Goods;
"Order Confirmation" means our written (to include email) acceptance of Your order as set out in paragraph 4.1;
"Website" means the website www.provizsports.com or any other URL operated by PROVIZ that may replace this;
"PROVIZ, "our", "we", or "us" means PROVIZ Ltd;
"You" means the purchaser agreeing to purchase Goods from PROVIZ through the Website (and "your" shall be construed accordingly).
1. Information which we are required to give You
1.1 This Website is a site operated by PROVIZ LTD. We are registered in Jersey, Channel Islands under company number 108428 and with our registered office at Rock Vale, Rue de la Bergerie, Trinity, Jersey, JE3 5AP, email address email@example.com. Our main trading address is Rock Vale, Rue de la Bergerie, Trinity, Jersey, JE3 5AP.
1.2 A description of the main characteristics of the Goods is contained on the Website. Such a description will be contained in the Order Confirmation mentioned in paragraph 4.1.
1.3 The price of Goods (including delivery and packaging charges) and arrangements for payment are as described in paragraph 6.
1.4 The arrangements for delivery of Goods are as shown here. Other details of delivery are set out in paragraph 7.
1.5 You have a right of cancellation as set out in paragraph 5.
1.6 If Goods ordered by you are not available, we reserve the right to supply substitute goods of at least equivalent quality and price.
1.8 Details of support/after sales services as shown here.
1.9 The technical means for concluding the contract to buy Goods are set out in paragraph 4. If you have made a mistake in inputting information, [please click on the back arrow and you will be able to change it.]
1.10 The language of the contract will be English.
2. Sales to Countries outside the UK where we are willing to sell Goods
2.1 The Website is only intended for use by people resident in the serviced countries available in the dropdown menus on shipping and account creation. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our serviced countries page. Please review our serviced countries page before ordering Goods from us.
2.2 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
3. Your Status
3.1 By placing an Order, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries;
3.1.4 You are accessing our site from one of those countries; and
3.1.5 You are placing the order as a consumer, i.e. an individual is acting outside his or her business.
3.2 If we discover that any of the above warranties are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
4. The Contract between you and us
4.1 Your Order constitutes an offer from you to buy the Goods and all Orders are subject to acceptance by us. We must receive payment in whole for the price of the Goods which are the subject of your Order. Once your payment has been received by us, we will acknowledge that your Order has been received by sending an e-mail to you at the e-mail address you provide in your order form. Please note that this is not an indication that your Order has been accepted or that a contract has been made. Our acceptance of your order takes place by sending you an email that confirms we have accepted your Order (the “Order Confirmation”) and that the Goods are ready for or has been dispatched to you.
4.2 The contract will relate only to those Goods which have been dispatched by us (or are ready for despatch) as stated in the Order Confirmation. We will not be obliged to supply the remaining Goods which may have been part of your Order until the dispatch of such Goods has been confirmed in a separate Order Confirmation.
5. Right of Cancellation
5.1 As you are contracting as a consumer, you have a statutory right to cancel a contract for any reason at any time within seven working days, beginning on the day the contract is concluded with us and ends seven (7) working days after the day you received the Goods or (where it has been agreed that the Goods will be delivered in instalments) the last of the Goods. If you exercise the right, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 10 below). To cancel a contract under your statutory rights, you must inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1 or by email to firstname.lastname@example.org.
5.2 When exercising the cancellation right, you must return the Goods to us immediately. See paragraphs 10.3 and 10.4 as to the manner and cost of returning the Goods.
5.3 You are entitled to a reasonable opportunity to inspect the Goods (7 days from purchase date). At all times, you must take reasonable care of the Goods and must not let them out of your possession. If you are in breach of your obligations to take reasonable care in this paragraph 5.3, we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
5.4 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
5.5 The cancellation right described in this paragraph 5.5 is in addition to any other right that you might have to reject the Goods, for instance because they are faulty or misdescribed.
6. Pricing, Delivery, Discount Codes and Purchasing level promotions
6.1 The prices payable for Goods which are the subject of your Order are as set out on the Website.
6.2 All of our prices are in different currencies depending on your location. You will be billed in the currency you choose on our homepage and if you purchase from outside the UK, credit card charges may make a difference to the amount billed on your credit card.
6.3 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website.
6.4 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though the Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
6.5 We regularly run promotions that entitle customers to free products and discounts if a purchase level is reached. During a multi-level promotion the customer shall receive the top level promotional product or discount - not each product or dicount at every trigger point.
6.6Promotional discounts are not valid on already discounted prices.
7. Availability and Delivery of Goods to You
7.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your Order. It is your responsibility to ensure that the delivery address you give us is correct and accurate. If you request to use a courier service it is also your responsibility to ensure that there is somebody to sign for and take delivery of the goods from the delivery service used.
7.2 You will become the owner of the Goods you have ordered when they have been fully paid for by you and they have been dispatched to you. Once the Goods are delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.3 If your Goods are returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
7.4 Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your Order, unless there are exceptional circumstances. If the Goods (or substitute goods) are unavailable so that we cannot deliver it to you within 30 days of your Order, we will contact you and either agree a later delivery date or permit you to cancel your Order, in which case we will refund all monies paid in accordance with our refunds policy (set out in paragraph 10).
8.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 5 working days of the delivery of the Goods in question.
8.2 If you do not receive Goods ordered by you, we shall have no liability to you unless you notify us by email address of the problem within 14 days of the date on which you ordered the Goods. If you notify us of a problem under this paragraph 8.2, our only obligation will be, at your option either to:
8.2. 1 make good any shortage or non-delivery; or
8.2.2 replace any Goods that are damaged or defective; or
8.2.3 refund to you the amount paid by you for the Goods in question in whatever way we choose.
8.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of or in relation to the Goods and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question.
8.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.5 Notwithstanding the foregoing, 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 in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier, Royal Mail or any other postal service.
8.7 We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
8.8 We make no guarantees that when using our products, they will guarantee you against injury or death. PROVIZ Ltd products aid your visibility at night but we do not by any means accept any responsibility as a result of a default or any other problem during their use that should lead to injury or death. In the case of the Cycling products, they are not to be used in the place of bike lights. Our products are to enhance further your visibility in tandem with bike lights.
9. Price and Payment
9.1 The price of any Goods will be as quoted on the Website at the time of your Order.
9.2 These prices include VAT and delivery costs (set out separately), which will be added to the total amount due as set out in our “Delivery Guide”.
10.1 When you return Goods to us (for instance, because you have cancelled the contract between us, or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your entitlement to a refund via e-mail within a reasonable period of time.
10.1.1 When returning goods, all packaging, labelling or hangtags must still be fully attached and in a perfect unsoiled condition. Any goods that do not comply can not be returned.
10.2 We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.
10.3 Refunds will be given on the following basis:
10.3.1 where you have validly returned Goods under your right of cancellation described in paragraph 5, we will refund the full amount paid by you for the Goods. You will be responsible for returning the Product to us at your own cost;
10.3.2 where you have validly returned Goods which is a substitute product under your right of cancellation, we will refund the full amount paid by you for the Goods You will be responsible for returning the Product to us at your own cost;
10.3.3 where you have validly returned Goods to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Goods You will be responsible for returning the Product to us at your own cost; and:
10.3.4 where you have returned Goods in circumstances other than paragraphs 10.3.1 to 10.3.3 above (which includes rejecting defective Goods more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Goods.
10.4 When returning Goods to us, whether under the right of cancellation or for any other reason, you must take reasonable care to see that they are received by us and not damaged in transit.
10.5 When returning Goods, the returns address is: Proviz, C/O I-Fulfilment, The Runway, Christchurch, Dorset BH23 4FL, United Kingdom
11. Intellectual Property
11.1 As between you and us, all intellectual property in the Goods which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
11.2 PROVIZ Ltd is the operator of www.provizsports.com. All trademarks, product names and company names or logos on the Website are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners' rights.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at email@example.com and all notices from us to you may be given to the email address or the invoice address provided when you placed your order.
If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
15. Third Party
15.1 Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15.2 Third Party links: We may include hyperlinks on the website to other websites or resources operated by parties other than PROVIZ, including advertisers. PROVIZ has not reviewed all of the sites linked to the website and is not responsible for the content or accuracy of any third party websites nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
16. Governing Law
Contracts for the purchase of Goods through the website will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17. Entire Agreement
17.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
18. Events Beyond our Control
We will not be in breach of these Terms or otherwise be liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
19. Competitions and promotions
19.1Introduce a friend - If you introduce a friend to Proviz we'll give you 40% off your next order (if the promotion is active). All you have to do is forward your friends name to us who made an order and we'll give you an exclusive discount code refundable through www.provizsports.com