Procurity – Website Terms of Use

Please read these terms of use carefully before using this website.

1. Terms of Use

1.1. Thank you for choosing to visit our website, these Terms of Use (referenced herein as the “Agreement”) will apply to any person who visits our website and/or uses our services.
1.2. This Agreement (together with any documents referred to in it) tells you the terms of use on which you may make use of our website and the information contained therein.
1.3. This Agreement is written to protect both you and us. You should read this Agreement carefully because it governs your access to, and use of, our website and any related services. This Agreement tells you who we are, how we will provide the website content and services to you, how we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake or omission in any of these terms, please contact us via the website “contact us” page to discuss.
1.4. By visiting our website and/or using our services, you (referenced herein as “you” or “your”) are entering into a legal agreement with PROCURITY LTD who operate under the brand name “Procurity” (referenced herein as “we”, “us” or ‘our’), consisting of this Agreement and our Privacy Policy. You acknowledge that you have read this Agreement, that you understand it and all its terms and conditions and that you agree to be bound legally by it. If you do not agree with any of the terms and conditions set forth in this Agreement, you are not granted permission to access or use the website and its services, and you are instructed to immediately cease all use of this website and its services.
1.5. By using our services, you confirm that all information that you provide in relation to our services is accurate, truthful, complete and correct and acknowledge that we will not verify the accuracy or authenticity of any information that you submit to us.

2. Sale of Goods

2.1. By placing an order through our website, you agree to be bound by these terms and conditions. We are not obliged to accept your order and a contract will only be formed if and when we accept your order. We are deemed to have accepted your order when we dispatch goods to you.
2.2. Please note that any terms or conditions that you provide with your order will have no effect unless we have confirmed in writing that we accept the variation of the contract.
2.3. We reserve the right to refuse the supply of goods at our discretion on any reasonable grounds including if the goods are unavailable or out of stock, or if we believe the purchase has been made using a fraudulent credit card transaction or if we identify a product or pricing error on the website.
2.4. We warrant that the goods which we supply are of satisfactory quality and are fit for the purpose for which they are supplied
2.5. All photographs of goods available on this website are as representative of the items as possible. However, some items may vary in appearance slightly and, due to technological limitations, the colours displayed on your browsing device may not be exactly the same as the actual colours of the goods. We are under a legal duty to supply goods that are in conformity with the contract, and we aim to ensure that the photographs of goods on our website are as accurate as possible.

3. Pricing and Payment of Goods

3.1. All prices and delivery charges are as published on the website at the point when we receive your order. Unless otherwise stated, our prices are displayed both excluding and including VAT, which is charged at the prevailing rate for each individual item. All prices are stated in pounds sterling.
3.2. We may amend prices at any time, and any offers and promotions that are shown on the website are subject to availability. We reserve the right to change or withdraw these at any time and without notice.
3.3. We accept payment via most major credit and debit cards. You must be the named cardholder on the card that you use to make payment and, by placing an order, you confirm that you are the authorised cardholder.
3.4. All credit and charge cardholders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise the payment, then we will not accept your order, and we will not be liable for any delay or non-delivery of the goods.
3.5. Your card provider may add a charge for using your card on our website, and we will not be liable for any such charges. Please refer to the terms and conditions provided by your card provider before submitting your payment details.

4. Delivery of Goods

4.1. You must provide us with the correct details for the delivery address. We will not be liable for any delay to delivery or any failure of delivery as a result of your failure to provide a complete and accurate delivery address.
4.2. We aim to dispatch your goods within the indicative timescales shown on our website. However, we will not be responsible if your goods are delivered outside of the indicated time frame, and we will not be liable for the consequences of any delivery delay.
4.3. If you place a single order for more than one item of goods, we do not guarantee that all the goods will be delivered to you in a single delivery and we reserve the right to deliver these goods in multiple consignments.
4.4. If goods are not delivered on the date expected, then you should notify us of such non-delivery within 30 days of such failure of delivery.

5. Refund Policy

5.1. If your goods arrive in a faulty condition or are damaged, then we will offer either an exchange or full refund as we deem appropriate, provided that goods are returned to us in the condition sent. If you do not inform us that the goods are faulty or damaged within 14 days of receipt of your goods, then we shall not be liable for offering an exchange or a refund. Any intentional or malicious damage to the goods will void any rights you have to refund or exchange of those goods.

5.2. Due to hygiene reasons on some of our products, we are unable to accept returns or refund. This will be highlighted under the product details.

 

6. Information About Us and How to Contact Us

6.1. The website is operated by PROCURITY LTD. We are a limited company registered in England and Wales under company number 12727775 and have our registered office at Edwinstowe House High Street, Edwinstowe, Mansfield, England, NG21 9PR.
6.2. Procurity is a trading brand name of PROCURITY LTD and refers to our website and its services.
6.3. You can contact us via the website “contact us” page, via email at hello@procurity.co.uk, or by post sent to our registered address.

 

 

7. User Obligations

7.1. By downloading, accessing, or using the website, you covenant that you will abide by all applicable local and national laws and regulations with respect to your use of the website and that you are at least 18 years of age.
7.2. If you choose to create an account on this website to store your user details, you must treat the account login credentials as confidential information, and you must not disclose these details to anyone else. You are responsible for maintaining the confidentiality of your account and to the extent permitted by law, you agree to accept full responsibility for all activities that occur under your account.
7.3. You must inform us immediately if you have any reason to believe that your account login credentials have become known to anyone else, or are being, or are likely to be used in an unauthorised manner.
7.4. We reserve the right to refuse service or terminate your account if you are in breach of applicable laws, this Agreement, or any other applicable terms and conditions, guidelines, or policies.

8. Data Protection

8.1. Notwithstanding any other provision of this Agreement, in exercising its rights and performing its obligations under this Agreement, we shall, to the extent necessary, comply with the Data Protection Legislation.
8.2. We warrant that we will act only on and at all times comply with your lawful, reasonable and documented instructions, unless we are required by the laws of any member of the European Union or by national laws to process personal data in which case we shall, to the extent permitted by such law, inform you of that legal requirement before processing that personal data.
8.3. Having regard to the state of technological development and to the cost of implementing any measures, take appropriate technical and organisational measures against unauthorised or unlawful processing of such personal data, unauthorised access to, or disclosure of, such personal data and against accidental loss or destruction of, or damage to, such personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
8.4. We will not transfer any personal data provided by you outside of the European Economic Area (EEA) unless such transfer is undertaken in accordance with applicable Data Protection Legislation.

9. Privacy Policy

9.1. Your use of the website and our collection and use of data, including personally identifiable information, by and through use of the website is addressed by our privacy policy. By continuing to use this website, you are explicitly accepting these terms.
9.2. This privacy policy sets out how we use and protect any information that you provide when you use this website. We are committed to ensuring that your privacy is protected and to comply with all applicable privacy and data protection laws in an open and transparent manner. This commitment includes compliance with the General Data Protection Regulation (GDPR) 2016/679 as implemented in the UK as part of the Data Protection Act 2018. We have policies and procedures in place covering our data protection responsibilities and to ensure we follow the data protection principles and process all personal information fairly and lawfully in a way that respects your rights under the UK Data Protection Act 2018. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy. We may change this policy from time to time by updating the privacy policy page. You should check this page from time to time to ensure that you are happy with any changes.

10. License Grant

10.1. Subject to your continued compliance with this Agreement, we will provide to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the website during the term of this Agreement on your personal computing device and only for personal purposes.
10.2. You accept responsibility for ensuring that all persons who access our website through your internet connection are aware of the terms of this Agreement and that they comply with them.
10.3. The website is directed to people residing in the United Kingdom, and the payment and delivery terms are only appropriate for orders placed within the United Kingdom. We do not represent that products available on or through the website are appropriate or deliverable to other locations.
10.4. The content layout, formatting, features of and online or remote access processes or privileges for the website shall be as specified by us at our sole discretion.
10.5. You also acknowledge and agree to the following:
a. We have the right to control and direct the means, manner, and method by which the website is provided.
b. We may, from time to time, engage independent contractors, consultants, or subcontractors to aid us in providing the website or use thereof; and
c. We have the right to provide the website to others.

11. Restrictions on Use

11.1. All rights not expressly granted under this Agreement are hereby reserved to us. Accordingly, you are hereby prohibited from using the website in any manner that is not expressly and unambiguously authorised by this Agreement. You, therefore, may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the website, or any portion of the website, without our prior written consent, except as expressly and unambiguously authorised herein.
11.2. Moreover, you may not:
a. Attempt to gain unauthorised access to any portion or feature of the website or any other systems or networks connected to the website or to any server or to any of the services offered on or through the website by any illegitimate or prohibited means
b. Probe, scan, or test the vulnerability of the website or any networks connected to the website, nor breach the security or authentication measures on the website or any networks connected to the website
c. Use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or its data, or in any way reproduce or circumvent the navigational structure or presentation of any of the website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the website
d. Reverse lookup, trace or seek to trace any information on any other user of or visitor to the website
e. Use any device, software, or routine to interfere with the proper working of the website or any transaction conducted on the website, or with any other person’s use of the website
f. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the website
g. Delete, obscure, or in any manner alter any warning or link that appears in the website
h. Use the website in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct
i. Knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful
j. Attack the website via a denial-of-service attack or a distributed denial-of-service attack
k. Sell, license, or exploit for any commercial purposes any use of or access to the website, except as expressly permitted by us
l. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the website and/or any Licensed Content
m. Act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm.
11.3. We will treat the breach of any of the above provisions as a breach of the Computer Misuse Act 1990 and report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

12. Attribution

12.1. To reflect our ownership of the website and to protect our rights and interests therein, you shall ensure that proper attribution and notice of copyright attribution appears with any use of the website and, in particular, any printout or screenshot from the website or of the website’s content.

13. Mobile Services

13.1. The website offers display functionality and various tools that are available to you via your mobile phone or any other mobile computing device (collectively, “Mobile Services”). You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the website and its related Mobile Services shall be strictly in accordance with this Agreement.

14. Advertising

14.1. The website may be supported by advertising and sponsorship revenue. Advertisements for our products and services or any third-party products and services will generally be displayed within the frame of the website.
15. Links to Our Website
15.1. You may link to any page of this website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In linking to our website, you agree to not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
15.2. We reserve the right to withdraw linking permission without notice.

16. Links to Other Websites

16.1. The website may connect to certain third-party websites or online social networks (collectively, “Third-Party websites”). These Third-Party websites have not necessarily been reviewed by us and are owned, controlled, and/or maintained solely by third parties over whom we exercise no control. Your correspondence or any other dealings with any third parties found through any Third-Party websites on our website are solely between you and such third parties. Accordingly, we hereby expressly disclaim and shall not have any liability or responsibility for any Third-Party websites.

17. Proprietary Rights

17.1. All intellectual property rights (including use of trademarks) shall be solely owned by us. You are permitted only to use material on our website as expressly authorised by us or our licensors. Our rights are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of our website may incur civil liability or attract criminal sanctions.
17.2. This Agreement provides only a limited license to access and use the website in accordance with the terms of this Agreement. Accordingly, you hereby agree that such use transfers no ownership or intellectual property interest or title in and to the website or any other intellectual property to you or anyone else in connection with your use of the website.
17.3. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the website are exclusively owned, controlled, and/or licensed by us or our affiliates.
a. You may print off one copy and may download extracts, of any pages from our website for your personal use, and you may draw the attention of others to content posted on our website.
b. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
c. Our status and that of any identified contributors as the authors of content on our website must always be acknowledged.
d. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
e. If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18. Disclaimer

18.1. The website is provided on an “as-is” basis and may include errors, omissions, or other inaccuracies. We have taken every reasonable step to ensure that all data included in the website is robust. However, no warranty, express or implied, is given as to its accuracy, and we do not accept any liability for error or omission. We are not responsible for how the information is used, how it is interpreted, or what reliance is placed on it.
18.2. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
18.3. We hereby expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty. We also make no representations or warranties that the website will operate error-free, uninterrupted, or in a manner that will meet your requirements and/or needs. Therefore, you assume the entire risk regarding the quality and/or performance of the website. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users or third parties over which we have no control.

19. Limitation of Liability

19.1. You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorised access, operator errors. To the maximum extent permitted by law, in no event shall we be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with any dealings or agreements between you and a third party, the use of the website, with the inability to use the website, the cost of procurement of substitute products or services, or for any information, software functionality, and materials available through the website, even if we have been advised of the possibility of such damages.
19.2. You expressly agree to indemnify us and hold us harmless for any actions, claims, demands, costs (including reasonable legal costs), expenses, losses, damages or liabilities of any kind that we incur as a result of or in connection with your failure to obtain the consent of your spouse/partner in disclosing their personal information to us or in any other matter in relation with the use of our services.
19.3. Notwithstanding anything to the contrary herein, nothing in this Agreement shall exclude or limit our liability for fraud or fraudulent misrepresentation by it or our personnel.

20. Indemnification

20.1. Our website may be used for lawful purposes only. You agree to indemnify and hold us harmless from any claims resulting from your use of our service that damages you or any other party.

21. Security & Enforcement

21.1. Any actual or attempted use of the website by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under English law. We reserve the right in its sole discretion to review, monitor, and/or record any information relating to your use of the website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the website.
21.2. We may share any User Information that we obtain from you with any law enforcement organisation in connection with any investigation or prosecution of possible criminal or unlawful activity. We will also disclose User Information as required by any court order and/or subpoena.
21.3. In addition, we hereby reserve the right in our sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt the operation of or access to the website, or any portion thereof, in order to protect the website, our intellectual property, our business or our business interests and/or our members and affiliates.

22. Term and Termination

22.1. This Agreement will take effect the first time that you access the website, and you may cease use of the website at any time.
22.2. This Agreement will automatically terminate if
a. You fail to comply with any of its terms and conditions.
b. You cease all use of the website and its services.
22.3. Termination will be effective without notice. In addition, we may at our sole discretion, terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all rights to use the website shall immediately cease, and you must promptly delete or destroy all copies of the website in your possession or control.
23. Other Terms and Conditions
23.1. Additional notices, terms, and conditions may apply to access to or use of our products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, we shall resolve any conflict in good faith at our sole discretion, but this Agreement shall generally control with respect to accessing and using the website.

24. Governing Law

24.1. This Agreement and any non-contractual obligations arising from or connected with it shall be governed by English law, and this Agreement shall be construed in accordance with English law.
24.2. In relation to any legal action or proceedings arising out of or in connection with this Agreement (whether arising out of or in connection with contractual or non-contractual obligations), each of the parties irrevocably submits to the exclusive jurisdiction of the English courts. Any proceeding, suit or action arising out of or in connection with this Agreement shall be brought only in the courts of England.
24.3. Other jurisdictions may apply solely for the purpose of giving effect to this clause 24 and for the enforcement of any judgment, order, or award given under English jurisdiction.

25. Legal Compliance

25.1. We assert that any goods and services provided hereunder shall comply with the applicable provisions of any international, European, or national law or ordinance and all orders, rules, and regulations issued thereunder.
25.2. You shall immediately notify us if you become aware of any allegation of non-compliance with any Law.
26. Disputes
26.1. You and we agree to enter into negotiations to resolve any controversy, claim or dispute (“Dispute”) arising under or relating to this Agreement. The parties agree to negotiate in good faith to reach a mutually agreeable resolution of such dispute within a reasonable period. If good faith negotiations are unsuccessful, you and we agree to resolve the dispute by binding and final arbitration in accordance with the rules of arbitration of the Chartered Institute of Arbitrators in the United Kingdom and by Arbitrators appointed in accordance with such rules in effect. The Arbitrators shall be bound to follow the applicable provisions of any Agreement in resolving the dispute and may not award punitive damages. The decision of the Arbitrators shall be final and binding on the parties, and any award of the arbitrators may be entered or enforced in any court of competent jurisdiction.

27. General Relationship

27.1. We are an independent online retailer, and nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, agency, or other relationship.

28. Assignment and Substitution

28.1. We reserve the right to assign this Agreement or any part thereof without constraint.
28.2. This Agreement shall be binding on you and us and all respective successors and permitted assigns.
29. Non-Waiver of Rights
29.1. The failure by either you or us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.

30. Remedies

30.1. Any rights and remedies specified under this Agreement shall be cumulative, non-exclusive, and in addition to any other rights and remedies available at law or equity.

31. Severability

31.1. If any term contained in this Agreement is held or finally determined to be invalid, illegal or unenforceable in any respect, in whole or in part, such term shall be severed from this Agreement, and the remaining terms contained herein shall continue in force and effect, and shall in no way be affected, prejudiced or disturbed thereby.

32. Human Rights Act

32.1. We and our agents and employees assert that at all times, we shall comply with the provisions of the Human Rights Act 1998 in the execution of this Agreement.

33. Discrimination

33.1. We assert that we shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Act 1975 and 1986, or the Disability Discrimination Act 1997, relating to discrimination in employment. We will take all reasonable steps to secure the observance of these provisions by all our servants, employees, or agents and all vendors and sub-contractors employed in the execution of this Agreement.

34. Rights of Third Parties Act

34.1. The parties intend that no provision of any Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1999 confer any benefit on, nor be enforceable by any person who is not a party to the Agreement.

35. Entire Agreement

35.1. This Agreement, including all documents incorporated herein by reference, shall constitute the entire agreement and understanding between the parties hereto and shall supersede and replace any and all prior or contemporaneous representations, agreements or understandings of any kind, whether written or oral, relating to the subject matter hereof.
35.2. In consideration of the mutual obligations assumed under this Agreement, you and we agree to these Terms of Use and represent that duly authorised representatives execute this Agreement.

36. Variation

36.1. We may revise these terms of use at any time without advance notice by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
36.2. We may update our website from time to time and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
36.3. Each time you access our website, you agree to be bound by the Agreement in effect at the time you access the website. If you do not agree to the revised terms, please do not use the website.