Prostone terms and conditions

1. Use of Prostone E-commerce platform

The Prostone E-commerce platform is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Prostone E-commerce platform you agree to be bound by these Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. Privacy and Status

We process information about you in accordance with our privacy policy. Click to review our privacy policy. We will record your personal details for the purpose of processing your order and for a reasonable period after your order is completed as required for audit and record-keeping purposes. By using this site, you consent to such processing and confirm that the information you provide is complete and accurate. By placing an order, you also represent and warrant to us that you are legally capable of entering into a binding contract, that you are at least 18 years old, that you are resident in the UK or the Republic of Ireland and that you are accessing our site from the UK or the Republic of Ireland.

3. Ordering goods

We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm that we are sure that the goods ordered are available in stock by sending an email to you at the email address you provided. We will then despatch the goods to the address provided in your order. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided and arrange for your payment to be re-credited to your account within 10 working days. Until and unless you have received confirmation that we are able to accept your order, that the goods are available, and that they have been despatched, there is no contract between us, and we will not be liable to you if we are unable to accept or fulfill your order.

You must be 18 or over to purchase some products from us via our website. Certain products can only be purchased if you satisfy the legal age requirement. We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage please do not attempt to order or purchase these products. By ordering and/or purchasing products you agree that you satisfy the legal age requirements for those products. We reserve the right not to supply any age-restricted products where we reasonably believe that you are below the relevant legal age for those products.

4. Price, Quantity, and Delivery

The price payable for goods that you order are as set out on our website.

You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our terms of delivery, delivery charges, and restricted delivery areas are fully detailed in our delivery policy, which you should read before confirming your order.

We cannot be held responsible for under or over-ordering. The areas of our full packs have been rounded up and product dimensions shown on this website allow in some cases for jointing. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements, we recommend you check all area and/or quantity calculations prior to confirming your order.

5. Right for you to cancel your contract

You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods by emailing or writing to us at the address given in our returns policy.

Please read our returns policy.

If you have received the goods before you cancel your contract then you must arrange for collection with a Prostone Representative. Please see contact us.

Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are collected by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

6. 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; or
• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

7. Our liability to you

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us by email at sales@prostone.eu of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must notify us by email at sales@prostone.eu of the problem within 40 days of the date on which you ordered the goods.

Provided that you notify us in accordance with this condition, we will, at your option, either:

• make good any shortage or non-delivery;
• replace or repair any goods that are damaged or defective; or
• refund to you the amount paid by you for the goods in question.

Our liability to you is limited to the remedies set out above, and we will have no other liability or obligation to you. All conditions, warranties or terms that may be implied by law or practice are excluded to the fullest extent permitted by law.

In particular but without limitation, we will not be liable to you for direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) arising in connection with your use of the Prostone E-commerce platform or any transaction that you effect through it.

We 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 our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or arising because of your own action or failure.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit your rights as a consumer under applicable UK law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation.

8. Information about us, and Notices

The Prostone E-commerce platform is operated by Modulo SAS, 4 Rue du Durteint, 77160 Provins, France, VAT ID FR 90419739008 and Modulo Decorative Solutions, 22 Decembrie 1989 Street, No. 29, Turda, Cluj, Romania, VAT ID RO 16170788 / GB 320693418. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to sales@prostone.eu.

9. Accessing and using the site

You may not use the Prostone E-commerce platform for any of the following purposes:

• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• gaining unauthorised access to other computer systems;
• interfering with any other person's use or enjoyment of the www.prostone.eu site;
• breaching any laws concerning the use of public telecommunications networks;
• interfering or disrupting networks or web sites connected to the www.prostone.eu site;
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You will indemnify us against all losses, liabilities, costs, and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of the Prostone E-commerce platform by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Prostone E-commerce platform by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Prostone E-commerce platform by you.

Although Prostone E-commerce platform aims to offer you the best service possible, we cannot guarantee that the service will be fault-free or fully meet your requirements. If a fault occurs in the service you should report it by email to us at sales@prostone.eu and we will attempt to correct the fault as soon as we reasonably can. Access to the Prostone E-commerce platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Prostone E-commerce platform will attempt to restore the service as soon as it reasonably can but will have no liability if the site is unavailable or not fully functional for any period.

Your access to the Prostone E-commerce platform is at your own risk and we cannot provide any warranties or guarantees associated with your use of the Internet. You are responsible for keeping confidential any password or identification code given to you as part of our security processes and for all information supplied by you.

Where the Prostone E-commerce platform provides content from other Internet sites or resources, these links are provided for information only and we have no control over the content of or use of, those sites. Although Prostone E-commerce platform tries to ensure that material included on the Prostone E-commerce platform is correct, reputable and of high quality, it cannot accept responsibility if this is not the case, nor for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience.

In particular, we will have no liability to users of the site in connection with the following:

• incompatibility of the Prostone e-commerce platform with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the Prostone E-commerce platform, viruses or other technologically harmful material that may affect your equipment;
• unsuitability, unreliability or inaccuracy of the Prostone E-commerce platform;
• inadequacy of the Prostone E-commerce platform to meet your requirements;

To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Prostone E-commerce platform and/or your use of the site.

10. Intellectual Property

We own or are the licensee of all intellectual property rights in the Prostone E-commerce platform and the material published on it. These rights are protected by copyright, trademarks, database, and other intellectual property rights worldwide. You may retrieve and display the content of the Prostone E-commerce platform on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Prostone site without obtaining a written license from Prostone.

No license is granted to you to use any trademark of Prostone or its affiliated companies including, without limitation, the trademark and/or trading name "Prostone".

11. General terms

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

No waiver of any term or condition will be effective unless communicated to you in writing, and no failure on our part to enforce any rights shall preclude us from taking action or exercising our rights and remedies nor shall it release you from your obligations.

These terms and conditions, together with our current website prices, delivery details, contact details, and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

We reserve the right to change these terms and conditions and/or any policy referred to from time to time, and your dealings with us will be governed by those terms, conditions, and policies stated to be applicable at the time of confirmation of your order.

12. Governing law

Contracts for purchases through the Prostone E-commerce platform shall be governed by and interpreted in accordance with English law and the English courts.