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:
"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 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 operated by PROVIZ LTD. We are registered in Jersey, Channel Islands under company number 108428 and with our registered office and main trading address at Rock Vale, Rue de la Bergerie, Trinity, Jersey, JE3 5AP, email address [email protected]. Our VAT number is GB180292317.
1.2 A description of the main characteristics of the Goods is contained on the Website.
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 set out on the Website. 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 Details of support/after sales services as set out on the Website.
1.7 The technical means for concluding the contract to buy Goods are set out in paragraph 4.
1.8 The language of the contract will be English.
2. Sales to Countries outside the USA
2.1 If you order Products from our site for delivery outside the USA, 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.
2.2 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; and
3.1.3 You are placing the order as a consumer, i.e. an individual 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 up to fourteen 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 to Proviz Returns, C/O i- Fulfilment, 223 Millboro Industrial Park Rd, VA 24460, USA or [email protected].
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. 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 The cancellation right described in this paragraph is in addition to any other right that you might have to reject the Goods, for instance because they are faulty or incorrectly described.
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 Our prices are in different currencies depending on which country homepage you are on on the Website 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. Our delivery charges are set out on the Website. It might not be possible for us to deliver to some locations.
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 discount.
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 discount at every trigger point.
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 14 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 all relevant taxes.
9.3 Delivery costs are set out on the Website and will be added to the total amount due.
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.
10.1.2 Where you have made an Order which qualifies for a free gift (as set out on the Website), if you are returning all of the Goods in that Order you must also return the free gift.
10.2 We aim to process any refund due to you within 14 days of the day we received your returned Goods. 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 amount paid by you for the Goods, subject to paragraph 10.3.6. 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 amount paid by you for the Goods, subject to paragraph 10.3.6. 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 amount paid by you for the Goods, subject to paragraph 10.3.6 You will be responsible for returning the Product to us;
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;
10.3.5 we will not refund any delivery costs paid by you, except for in the case of Goods returned in accordance with paragraph 10.3.3; and
10.3.6 where you have made an Order which qualifies for a free gift (as set out on the Website), if you are returning any of the Goods in that Order but do not also return the free gift we will deduct the price of the free gift from any refund amount, unless you have notified us when making the Order that you do not wish to receive any such gift.
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 Returns, C/O i- Fulfilment, 223 Millboro Industrial Park Rd, VA 24460, USA.
11. Our Duty and Resolving Disputes
11.1 We are under a legal duty to supply products which are in conformity with our contract with you.
11.2 If you have a dispute with PROVIZ, please contact customer services and we will always try to sort things out for you as soon as possible. However, if you are not happy with the resolution, Alternative Dispute Resolution is available, including (for EU customers) online dispute resolution at http://ec.europa.eu/consumers/odr/
12. Intellectual Property
12.1 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.
12.2 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 protected] 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.
16. Third Party
16.1 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.
16.2 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.
17. 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.
18. Entire Agreement
18.2 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.
19. 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 our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.