Terms and Conditions

Terms and Conditions

PRO-Shop is a division of PROACT Medical Ltd, VAT Registration Number - GB663285519, registered in England, Company Number – 3096460, registered office, DPC, Vernon Road, Stoke upon Trent, Staffordshire, trading address, 9-13 Oakley Hay Lodge, Great Folds Road, Oakley Hay Business Park, Northants NN18 9AS. The following terms and conditions listed below will apply between you and
PRO-Shop for the sale and purchase of the items contained in your basket. The terms do not affect your statutory rights.

Validity
By ordering a product from this website, you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.

Orders
By placing an order with us, you are creating a contract between PRO-Shop and yourself. Our “shop” section aims to ensure that the pricing of products on the web pages is correct at all times, however, the web pages may not accurately reflect the correct details at the moment at which you place your order. PRO-Shop cannot confirm the price of a product until your order is accepted on dispatch. PRO-Shop reserves the right to change prices without prior notice, prior to dispatch. We will then contact the customer and ask if the new pricing is still acceptable. If not all monies will be refunded to the original credit card account. PRO-Shop also reserve the right to refuse or cancel an order placed at any time. We also reserve the right to ask for further evidence of identification.

Your Undertakings and Warranties
You warrant that the information given on your order form is complete and accurate. Any and all costs associated with mis-delivery due to incorrect information will be passed on to you.

Safe Shopping - secure guarantee
PRO-Shop are committed on maintaining the security of the information that you provide and for this reason we use advanced Internet security systems to safeguard your data. No data given to us by you will be passed on to companies not connected to PRO-Shop or PROACT Medical Ltd. In addition, the
PRO-Shop shop is powered and protected by PROtx. All data you send through, including your credit/debit card number, name and address, is encrypted and converted into code before it is securely transmitted over the internet.

Availability of Goods
If any item(s) you have ordered are not be available within 3 days of you placing your order, we will contact you via the e-mail address you have provided to us and ask if you wish to wait for the products to become available, or, if you wish to cancel the order at no extra cost to you.

Prices
(a) All prices including special offers, are quoted subject to revision or withdrawal without notice
(b) All prices in respect of orders for forward delivery are subject to the Company's right to increase them if they are affected by general increases in cost of labour or raw material or other unforeseen causes. – see orders above.
(c) All goods will be charged for as per quotation or at prices current at the time of despatch if affected by general increases in cost of labour or raw materials or other unforeseen causes and all orders are accepted by the Company or that understanding.

Price Match
PRO-Shop will beat or match any competitor's price for the same product or exactly equivalent product except where limited special offers may be offered or if prices are linked to volume. This offer does not apply if the matched price is less than PRO-Shop’s cost price or if a competitor is "dumping" stock for whatever reason.

Acknowledgement of Order
When you have completed your order you will be sent an e-mail confirming your order. It will state what the products are, the cost (including VAT and P&P) and delivery and invoice details. If your order has been unsuccessful you will be made aware of the reason why and possible explanations.

Payment
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and PRO-Shop will not be liable for any delay or non-delivery.

Delivery
Please allow 3-4 working days for your order to arrive. We endeavour to dispatch your goods within 24 hours of receiving your order, however this will not always be the case, especially with orders placed after 1pm GMT. PRO-Shop charge a flat £8.00 delivery charge for all orders under £100.00 (exlcuding VAT and delivery). Any order placed over £100.00 (excluding VAT and delivery) will receive free delivery. PRO-Shop use couriers for deliveries. If there is a failed delivery (ie no one to receive the goods), the courier will store the goods at your local depot. If there are 3 further failed attempts of delivery, your goods will be returned to PRO-Shop. PRO-Shop will incur a charge for this which we will pass on to you (dependent on the weight/size of the original package).

Damage in Transit
The Company may decline to entertain claims for goods damaged in transit unless such damage is reported by separate notice in writing to the Company within three days of receipt of goods by the Buyer and the goods have been signed for as "not examined". In the event of non-delivery, no claims can be entertained unless a separate notice in writing of such non-delivery reaches the Company within 14 days of despatch. In the case of goods for shipment abroad the Company shall not be responsible for the loss, damage or deterioration from whatsoever cause arising to goods beyond the point of shipment. When goods are sent by the Company by a route involving sea transit, the Company shall not be liable to give notice under Section 32(3) of the Sale of Goods Act, 1983, or otherwise that they do not accept responsibility in respect thereof and they will not, unless the Buyer shall give the Company specific instructions in the behalf and pay the expenses, insure the goods or any part thereof against any loss or risk.

Returns
Your statutory rights as a consumer are not affected if, for any reason, you wish to return a product bought from PRO-Shop. You will have the right to cancel your order within 5 working days of delivery (starting the day after you receive the goods). To do this, you need to contact PRO-Shop via the “support” link and request a RAN (Returns Authorisation Number). You will then need to mark this number on the parcel/package you are sending back. Any returns sent back to PRO-Shop without a RAN clearly marked will not be refunded or replaced. Credit will also be refused if your return is not as new, enclosed in it’s original packaging, with instructions, and is unmarked (ie suitable for re-sale). All returns may be subject to a 15% re-stocking fee.

Warranty
The following warranty is given in lieu of and to the exclusion of any other warranty or condition either expressed or implied by statute or otherwise. All goods manufactured or supplied by the Company are warranted free from defect in workmanship or material when subjected to normal conditions of use but there are no warranties, express or implied, which extend beyond warranties set forth above. PRO-Shop make no warranty of merchantability or fitness for a particular purpose with respect to the products or parts thereof. Goods delivered hereunder which shall be considered to be defective in workmanship or material and returned by the Buyer within the product's specific Warranty period (This does not apply to disposable or consumable goods) taken from date of delivery carriage paid will, if found to be defective on investigation by the Company, at the Company's discretion be replaced or repaired free of charge and returned to the Buyer carriage paid in Great Britain. Some items have specific Warranty conditions which apply as specified by the Company. The company accepts no liability whatsoever in respect of defects caused by incorrect installation, accident, misuse, neglect or wear and tear, in any attempt to strip, repair or modify any unit prior to return to the Company will invalidate the warranty. Any goods supplied or work done in remedying defects shall not extend the Company's liability under this clause beyond the time stipulated above. At the expiration of such time all further liability on the Company's part shall cease. Any consequential damage arising from defects, faulty materials or workmanship in any goods supplied by the Company shall not extend the Company's liability in any way whatsoever.

Quotations
A quotation refers only to the enquiry to which it specifically relates and must be mentioned upon any order placed. It must be considered as withdrawn at the expiration of 30 days from its date unless otherwise stated therein or unless it has been previously withdrawn by the Company in writing.

ROMALPA Clause
The ROMALPA Clause applies - any goods or services supplied by the Company to the Buyer shall remain property of the Company until respective payment has been received in full by the Company.

Application of Conditions
No conditions or stipulations in or attached to the Buyer's form of order which are inconsistent with the Company Terms and Conditions of Sale of which purport to add to or modify them in any way shall have any effect unless expressly accepted in writing by the Company. In the absence of such acceptance by the Company the Buyer shall be deemed to have withdrawn or waived his said conditions of stipulations and to contract solely on the basis of the Company's Terms and Conditions of Sale. The Company's separate Ordering Procedure is an inclusive part of the Company's Terms and Conditions of Sale and is available within the Price List and separately on request.

Trademarks
PRO-Shop recognise and respect the ownership of all Registered Trademarks contained herein to be the property of their respective Owners and do not imply any endorsement or affiliation with PRO-Shop or any other company or person/s.

Copyright
You must agree that you may only download the content on the PRO-Shop website for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store or change in any way the content on the PRO-Shop website for any other purpose whatsoever without the prior written permission of PRO-Shop.

Force majeure
PRO-Shop shall have no liability to you for any 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 event or circumstance beyond its reasonable control.

Lien
In addition to any time to which it may be statute or otherwise be entitled the Company shall, in the even of the Buyer's insolvency be entitled to a general lien on all goods or property belonging to the Buyer in the Company's possession (although such goods or some of them may have been paid for), for the unpaid price of any other goods sold and delivered to the Buyer by the Company under this for any other contract. Director's of any Limited Companies are personally responsible, both jointly and severally, for the full amount of any Debt still owed to the company should their Limited Company or otherwise become insolvent. Placement of any Purchase Order from any Buyer is construed as full acceptance of this condition, published herein, with no exceptions.

Limitation of Liability
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit PRO-Shop's liability for death or personal injury as a result of PRO-Shop's negligence.

Invalidity of Terms and Conditions
If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.

Governing Law and Jurisdiction
Contracts between you and PRO-Shop shall be governed by English Law and you and PRO-Shop submit to the exclusive jurisdiction of the English courts. If at any time any dispute or difference whatsoever shall arise between PRO-Shop and the Buyer in relation to or arising out of a contract and either of the parties shall give to the other notice in writing of the existence thereof, failing agreement such dispute of difference shall be referred to the arbitration in England of a person to be mutually agreed upon or, failing agreement, some person appointed by the President for the time being of the London Chamber of Commerce at the request of either party. This shall be deemed to be a submission to arbitration within the meaning the Arbitration Act 1950, or any statutory modification thereof.