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.
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.
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.
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.
We reserve the right to cancel the contract between us if:
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.
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 firstname.lastname@example.org 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 email@example.com 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:
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.
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 firstname.lastname@example.org.
You may not use the Prostone E-commerce platform for any of the following purposes:
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:
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 email@example.com 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:
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.
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".
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.
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.
Contracts for purchases through the Prostone E-commerce platform shall be governed by and interpreted in accordance with English law and the English courts.