Terms & Conditions
Terms and conditions
Welcome to www.promakit.com (the ‘Website’).
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
This website is operated by Proma Kit. Throughout the site, the terms “we”, “us” and “our” refer to Proma Kit. By accessing our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
By agreeing to these Terms of Service, you agree that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
Under English law, you must be the legal holder of a valid debit/credit card to be eligible to lawfully enter into and form contracts and purchase any goods from this Website.
3. The contract
Any contracts or agreements formed between you and Proma Kit shall be governed in accordance with English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English courts.
A contract between Proma Kit and the customer will only be formed when goods are dispatched. When goods are dispatched this brings into existence a legally binding contract between both parties. Proma Kit does not have to accept payments and can choose to cancel orders at any point before dispatch.
4. Product descriptions
We have taken all reasonable care to ensure that the product images and descriptions displayed on our Website are correct at the time of sale. However, we cannot guarantee that all items are error-free (for example if your computer monitor's colour display will be accurate) and therefore cannot be held responsible for any minor discrepancies. In the unlikely event that a price or product is listed incorrectly, Proma Kit reserves the right to cancel or refuse any orders that were placed at this time. If your card has already been debited for your purchase and your order is then canceled, we will issue you a full refund (to the original form of payment) for the amount that was debited from your account.
5.1 Delivery charges are in addition to the price of the chosen product(s). Delivery options and charges can be viewed on our checkout page or by visiting Shipping Options.
5.2 We reserve the right to modify prices or discontinue any of our products at any time without notice.
5.2 All orders are processed in GBP. While the content of your cart will be displayed in your local currency, you will checkout using GBP at the most current exchange rate. Credit Card payments may incur a conversion fee, please contact your bank or credit card company for their terms and rates.
To place an order, you will follow a series of simple steps on our Website. You will be offered the opportunity to review, correct or confirm your order prior to your final check out.
Once you have placed your order, you will receive an email acknowledgment providing you with your order details, including the total value which has been debited from your credit or debit card.
Goods will not be dispatched until payment collection has been successful. Whilst we are under no obligation to accept your order, we would normally do so where:
- The product is available
- The order reflects current pricing
- The debit/credit card payment has been approved by the card issuer
- The credit/debit card passes validation checks
Please check your order as soon as you receive your package. If your order is not as expected, we shall have no liability to you unless you notify us immediately upon receipt by email at firstname.lastname@example.org stating your order number and your query.
7.1 When you purchase products from this Website you are agreeing that the items bought are for personal and professional use only and that the goods may not be sold on to any other third parties. It is a violation of our terms to sell or resell any of the products you have purchased from us. Any customers suspected of this activity will have their accounts suspended.
7.2 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. Duty of care
Once goods are received, customers are liable for their purchased product. Please do not over-fill your item or pack them under heavy weighted items, as this could cause damage or weaken parts. If we feel any return order has damage due to negligence on the customer’s behalf, we reserve the right to charge the customer for a replacement product along with charging re-delivery costs.
Delivery rates and general information can be found here: Shipping Options
9.1 Most goods will require a signature on delivery, therefore if you are not available for delivery you may need to contact the courier company to re-arrange delivery or to collect the goods from their local depot when convenient.
9.2 Delivery of goods will be made to the delivery address submitted at check out. For any amendments to the delivery address, we must be notified by email prior to the processing of your order. We reserve the right to ship to the cardholder’s address only, even if a different delivery address has been requested. This is for security reasons if the card provider requests this service.
Please note: it might not be possible for us to deliver to some remote locations.
9.3 All orders under 2kg will be sent using Royal Mail service. We aim for the delivery dispatch of all orders within 1-2 working days (i.e. not including Saturdays, Sundays or Bank Holidays). Delivery may take longer in exceptional circumstances, if this is the case, you shall be notified by email.
9.4 If your delivery has not arrived within the correct time frame, please contact email@example.com as soon as possible with your name, contact details, and order number.
9.4a For UK deliveries, goods cannot be classified as missing in the post until 15 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries following the 15 working day period.
9.4b For EU and ROW deliveries, goods cannot be classified as missing in the post until 25 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries following the 25 working day period.
9.5 We cannot be held responsible for failed deliveries either due to an incorrect address, unavailability of a signature on delivery, or customers not paying their local taxes. If goods are returned to us for these reasons we can re-charge for postage and handling.
9.6 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk, and we cannot be held liable for their loss or destruction.
9.7 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 of the problem immediately upon receipt (by email to firstname.lastname@example.org) and upon further instruction from us, return the package back to us immediately, with your information and the item(s) purchased. Damage caused by misuse will not be covered. Any delay in a claim for damage in transit may result in your claim being refused.
Important: If an item is delivered to you and has been damaged in transit, please ensure that you sign for the goods as “damaged” or “unchecked”.
9.8 Please help our delivery service by taking care when writing your full address details in English at the checkout.
9.9 Delivery timescales quoted are indicative only. Orders shipping to remote locations such as the Channel Islands or the Scottish Highlands may take an additional day or two to deliver.
9.10 Customers are responsible for payment of any local import duties or customs charges on receipt of the order. These charges can occur once the package reaches the destination country. These charges can apply to EU and International orders.
9.11 Proma Kit shall not be held liable for failure to deliver goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered that is caused by any third party or an event or circumstance beyond our reasonable control. Including, but not limited to: strikes, lock-outs, and other industrial disputes, the breakdown of systems, flood, fire, accident or any other unforeseen circumstances.
10. Refunds and exchanges
If you wish to return or exchange your order, please follow this link to view our Returns and Exchange Policy.
11. Contract cancellation by us
We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the goods you have ordered.
- We do not deliver to your area.
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error.
- Payment/delivery details could not be verified, or the order is considered fraudulent.
- If we do cancel your contract, we will notify you by e-mail and will re-credit your account any sum deducted by us via the original method of payment as soon as possible, but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
12. Pro Artist Programme
Pro Artist Programme sign up information can be found here: Pro Artist Programme
12.1 You agree to provide current, complete and accurate account information. If any personal information changes, you agree to promptly update your account and other information (including your email address) so that we can complete your transactions and contact you if needed. It is your responsibility to keep your account information and login details private, do not share your login details or password with anyone else.
12.2 Membership is valid for 1 year from the date of successful application.
12.3 Prices shown on our shop do not include Pro Artist Discount. Discounts will be calculated during checkout.
12.4 Pro Artist Discounts cannot be used in conjunction with any other offers.
12.5 Pro Artist Discount applies only to product purchases and does not apply to any shipping costs.
12.6 Products purchased from Proma Kit are for your personal use only and may not be resold. If we become aware that you are on-selling the Products we reserve the right to suspend your account and revoke your Discount with immediate effect.
12.7 Only you are eligible for the Pro Artist Discount. Pro Artist Discounts may not be shared with others under any circumstances. Proma Kit reserves the right to verify your continued eligibility and may amend the Pro Artist Discount requirements at any time.
12.8 Proma Kit reserves the right to hold, void, suspend, cancel or amend the terms of this Proma Kit Pro Artist Discount Policy at any time without prior notice.
13. Changes to the Website
Any new features or tools which are added to the current store shall also be subject to our Terms and Conditions. You can review the most current version of our Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of/or access to the website following the posting of any changes constitutes acceptance of those changes.
14. Website Visits
All content available on www.promakit.com including but not limited to Website design, text, graphics, logos, images, button icons and all other software connected with this website are the intellectual property of Proma Kit. By accessing this Website, you are agreeing to use this website for your own personal, non-commercial use, and must not download, copy, reproduce, store or distribute any of the content without the prior written consent of the copyright holder.
16. Links to third party websites
Our Website may include links to third party websites that are owned and maintained by other companies. By using our Website, you agree that Proma Kit is not responsible or liable for the content of any other sites.
17. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
18. Prohibited uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related Website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related Website, or the Internet. We reserve the right to terminate your use of the Website service or any related website for violating any of the prohibited uses.
19. Entire agreement
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any warranties or conditions of any kind, either expressed or implied.
In no case shall Proma Kit, our directors or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages (Whether based in contract or otherwise) arising from your use of any of our Website services or any products procured using our Website.
19. Contact information
Questions about the Terms and Conditions should be sent to us at email@example.com.