1.0 THESE TERMS
1.1 What these terms cover:
These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them:
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree with anything in these terms, please contact us to discuss.
2.0 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are:
We are Provacan which is a trading name of Ciitech Limited, a company registered in England with registration number 10842954 and with its registered office C/O Ince Gd Corporate Services Limited, Aldgate Tower, 2 Leman Street, London, United Kingdom, E1 8QN. VAT registration number GB 295507473.
2.2 How to contact us:
You can contact us by emailing [email protected]
2.3 How we may contact you:
If we have to contact you we will do so by telephone or by writing to you using the details you provided to us in your order.
2.4 “Writing” includes emails:
When we use the words “writing” or “written” in these terms, this includes emails.
3.0 OUR CONTRACT WITH YOU
3.1 How we will accept your order:
Our acceptance of your order will take place when we receive payment through our website, or wire transfer, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order:
If we are unable to accept your order, we will inform you of this and will not charge you for the products or will refund you if you have paid. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products or because we are unable to meet a delivery expectation.
3.3 Your order number:
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.0 OUR PRODUCTS
4.1 Products may vary slightly from their pictures:
The images of the products on our website are for illustrative purposes only. In particular, although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images in relation to colour or other features.
4.2 Product packaging may vary:
The packaging of the products may vary from that shown in images on our website.
5 YOUR RIGHTS TO MAKE CHANGES:
If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see below ‘Your rights to end the contract’).
6.0 OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products:
We may change the products:
- to reflect changes in relevant laws and regulatory requirements; or
- to implement minor technical adjustments and improvements. These changes will normally affect your use of the products.
6.2 More significant changes to the products and these terms:
Please review the product descriptions and product FAQ for any products on our website before you place your order in order to see any potential significant changes that may occur.
7.0 PROVIDING THE PRODUCTS
We aim to dispatch all orders received by 4pm the same day Monday to Friday. Subject to items being in stock.
Once an order has been dispatched you may return the goods within 30 days of receipt. Products must be unused, unopened with any seals intact. If an item has been used/opened we cannot accept a return due to potential contamination of the product.
If two or more orders are placed by any one customer to the same delivery address they may be grouped together and sent as one package.
To cancel or return goods please contact us via email quoting your order number.
All international deliveries are dispatched via Royal Mail International or DHL Express. The appropriate charges are applied at checkout for your selected delivery service and country.
International shipping outside of the UK: All orders being shipped outside of the UK will not have UK VAT applied to the order value and will be subject to your local VAT.
By placing an order at www.provacan.co.uk you accept all responsibilities regarding the legality of the products that will be shipped to you.
We cannot provide any information on the legal status of a product in any other country. You accept the responsibility to inform yourself about your local laws, import and custom regulations before ordering and you certify that the import to your country of the products ordered is legal. By placing an order at www.provacan.co.uk, you accept all responsibilities regarding the legality of the products that will be shipped to you. We take no responsibility for products that are seized or carry additional taxes.
7.1 Delivery costs:
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products:
During the order process we will let you know when we will provide the products to you. If you subscribe to our products, see the ‘‘ADDITIONAL TERMS FOR SUBSCRIPTIONS’ clause below.
7.3 We are not responsible for delays outside our control:
If our supply of the products is delayed by an event outside our control and we are informed of the delay and are able to contact you then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the products are delivered:
If no-one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery provider will follow their normal step to inform you of the attempted delivery. Usually, they will leave you a note informing you of how to rearrange delivery or collect the products from a local depot
7.5 If you do not re-arrange delivery:
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot our delivery provider may contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
7.6 Your legal rights if we deliver goods late:
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if we have refused to deliver the goods. We cannot accept orders where delivery within a strict deadline is an essential element of a sale.
7.7 Ending the contract for late delivery or cancelling:
If you do choose to treat the contract as at an end for late delivery you can cancel your order for any of the goods or reject goods that have been delivered. In such circumstances if you have delivered multiple products, if you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us unless we advise you that this is not required. We will pay the costs of any postage. Please contact us by email for a return label.
7.8 When you become responsible for the goods:
The products will be your responsibility from the time we deliver the products to the address you gave us.
7.9 When you own goods:
You own the products once we have received payment in full.
7.10 What will happen if you do not give required information to us:
We may need certain information from you so that we can supply the products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of any products to you:
We may have to suspend the supply of any products to:
- deal with technical problems or make minor technical changes;
- update a product to reflect changes in relevant laws and regulatory requirements; or,
- make changes to a product as requested by you or notified by us to you.
7.12 Your rights if we suspend the supply of products:
We will contact you in advance to tell you we will be suspending supply of any product, unless the problem is urgent or an emergency. If you subscribe to our products, see the ‘ADDITIONAL TERMS FOR SUBSCRIPTIONS’ clause below.
7.13 We may also cancel your order if payment fails:
If your payment method fails and you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may cancel your order. If you subscribe to our products, see the ‘ADDITIONAL TERMS FOR SUBSCRIPTIONS’ clause below.
8.0 YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us:
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or a service re-performed or to get some or all of your money back);
- If you want to end the contract because of something we have done or have told you we are going to do,
- If you have just changed your mind about the product, You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do:
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to products or these terms which you do not agree to;
- we have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons with a delay of over one month between order and delivery; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013):
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind:
You do not have a right to change your mind in respect of products that have been unsealed after you receive them
8.5 How long do I have to change my mind?
You have 14 or 30 days (at your choice). after:
- the day you receive the goods, unless:
- if your goods are split into several deliveries over different days. In this case time runs from after the day you receive the last delivery, or
- for a subscription, please see the ‘ADDITIONAL TERMS FOR SUBSCRIPTIONS’ clause below.
9.0 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract:
To end the contract with us, please let us know by emailing us. Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address.
9.2 Returning products after ending the contract:
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us unless we state that this is not needed.
9.3 When we will pay the costs of return:
We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind under the goodwill guarantee.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you:
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind:
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of products 2nd class at one cost but you choose to have the products delivered within 1st class at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.0 OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it:
We may end the contract for a product at any time by writing to you if:
- Your payment fails or you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, complete delivery information; or,
- you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract:
If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product:
We may write to you to let you know that we are going to stop providing any product. Please see the ‘ADDITIONAL TERMS FOR SUBSCRIPTIONS’ clause to see how this is timed under a subscription.
11.0 IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems:
If you have any questions or complaints about the product, please contact us by email.
11.2 Summary of your legal rights:
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Our products are categorised as goods under the Consumer Rights Act 2015, which says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also your additional rights above, such as the goodwill guarantee.
11.3 Your obligation to return rejected products:
If you wish to exercise your legal rights to reject products you must return them by posting them back to us. We will pay the costs of postage. Please contact us by email for a return label.
12.0 PRICE AND PAYMENT
12.1 Where to find the price for the product:
The price of a product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the products advised to you is correct. However please see above for what happens if we discover an error in the price of the products you order.
12.2 We will pass on changes in the rate of VAT:
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong:
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay:
We accept payment with Visa, Mastercard or Maestro or other card types that our payment processor may accept from time to time. You must pay for the products before we dispatch them.
12.5 We can charge interest if you pay late:
If your payment fails or you do not make any payment to us, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong:
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.0 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us:
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so:
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses:
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.0 ADDITIONAL TERMS FOR SUBSCRIPTIONS
14.1 These terms apply in addition for subscriptions:
For any subscription plan, the terms above apply as well as the additional terms set out in this clause. Both should be read together.
14.2 When we will provide the products for a subscription:
If the products are part of a subscriptions, we will also tell you during the order process when and how you can end the contract. If we do not provide such information, as a long-stop date, you can expect to receive your order within 30 days of our acceptance.
14.3 Your rights if we suspend the supply of products under a subscription agreement:
If we have to suspend any products under a subscription agreement for longer than one month in any one year period, we will ensure that you do not pay for any products while they are suspended. You may contact us to end the contract for any products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.
14.4 We may also suspend supply of the products if you do not pay under a subscription agreement:
If you do not pay us for the products under a subscription agreement when you are supposed to or if your automatic payment method fails and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
14.5 If you change your mind under a subscription agreement, time runs from the first delivery:
The time to change your mind for an order under a subscription as described at ‘How long do I have to change my mind?’ under ‘YOUR RIGHTS TO END THE CONTRACT’ runs from after you receive the first delivery of the goods.
14.6 Ending a subscription contract where we are not at fault and there is no right to change your mind:
Even if we are not at fault and you do not have a right to change your mind you can still end a subscription contract before it is completed. If you want to end a subscription contract in these circumstances, just contact us to let us know.
15.0 HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we may use your personal information:
16.0 OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else:
We may transfer our rights and obligations under these terms to another organisation. We will aim to contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You need our consent to transfer your rights to someone else:
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract:
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force:
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later:
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings:
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution:
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via this link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Schedule 1 Model Cancellation Form
|(Complete and return this form only if you wish to withdraw from the contract)
To Provacan, Ciitech LTD, C/O Barry Flack & Co The Brentano Suite, Prospect House, 2 Athenaeum Road, London, United Kingdom, N20 9AE
I hereby give notice that I cancel my contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),