Terms and Conditions
Use of our web site
These Terms of Use govern your use of this web Site ('Site') and your and our rights and obligations in connection with the ordering, manufacturing, supply and delivery of our products. By accessing the Site, you signify your agreement to these Terms of Use. Please read them carefully.
These Terms & Conditions of Use ('Terms & Conditions') explain the contractual agreement between you and us regarding your use of the Site and any activities and transactions you may conduct through the Site.
In these Terms & Conditions, the words 'you' and 'your' refer to any person accessing data via the Site, and the words 'we', 'us' and 'our' refer to Procreo Ltd.
Entire agreement and changes
These Terms of Use represent the entire Agreement between Procreo Ltd. and you, superseding prior agreements concerning the same subject matter. We may change these Terms of Use at any time. Review these Terms of Use each time you visit the Site. By accessing the Site after a change to these Terms of Use, you will have accepted the changes.
Personal information and privacy
See our Privacy Policy for our policy regarding the collection and use of personal information. You agree that we may collect and use the visitor information, including your information, described in our Privacy Policy on the terms and conditions provided in our Privacy Policy.
Copyright and ownership
All materials on this Site, including but not limited to audio, images, software, text, methodologies and video clips (collectively referred to as the 'Content') are protected by copyright laws and international conventions. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are proprietary logos and trademarks found on this Site belonging to us or other organisations. By making them available on this Site, we are not granting you any licence to utilise those proprietary logos or trademarks. Any unauthorised use of the Content may be in breach of copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Please also see our Copyright Notice.
Conduct
You may not use the Site:
To send, receive, upload, download, store, archive, use or re-use any information or material that is defamatory, obscene, offensive, abusive, threatening, menacing, harassing, indecent, or in breach of confidence, copyright, privacy or any other rights;
To cause annoyance, inconvenience or needless anxiety;
To send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided by any third party using the Site or other than in accordance with these Terms & Conditions and policies for the acceptable use of any Linked Sites.
Limited licence
This Site is provided by and may only be used for informational purposes. By using or downloading materials from this Site, you agree to abide by the Terms & Conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, do not use or download materials from this Site. Subject to your continued compliance with the Terms & Conditions set forth in this Agreement, grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the information, images and text thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
You may download one copy only of the Content to be used only by you for your non-commercial personal use unless stated otherwise. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it. You agree not to distribute or reproduce any of the Content downloaded by you.
No warranty
Your access to and use of the Site are at your own risk. The Site is provided 'as-is', and to the maximum extent permitted by applicable law, we disclaim all other representations and warranties, express or implied, regarding the Site, including without limitation its fitness for a particular purpose, its quality, its merchantability, its performance, its non-infringement of third party rights, its accuracy, completeness or other characteristics, or the results obtained by using the Site. We do not warrant that the Site is free from bugs, viruses, errors, or other programme limitations, nor does warrant access to the Internet or any other service through the Site.
Limitation of Liability
In no event will we be liable to you for any third-party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to our attention.
Indemnification
You agree to indemnify, defend and hold harmless Procreo Ltd and all of its agents, directors, shareholders, employees, information providers, licensors and licensees, officers and parent, (collectively, 'Indemnified Parties') from and against any and all liabilities and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms & Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in defence of any claim. Procreo Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Procreo Ltd.
Governing law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. You submit to the non-exclusive jurisdiction of the English Courts. Procreo Ltd submits to the exclusive jurisdiction of the English Courts in respect of any action against it, and you agree not to make any argument to challenge the exclusive jurisdiction of the English Courts in respect of any action against Procreo Ltd.
Severability; No waiver
If any provision of these Terms of Use, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.
Our Products
Where to find information about us and our products
You can find everything you need to know about us, Procreo Ltd., and our products on our website or from our concierge team before you order.
When and what you are agreeing to
When you place an order you are accepting all of the terms and conditions set out in these terms and conditions and agree that this is the only contract that governs our relationship with you in respect of the products that you have ordered from us.
We only accept orders when we've checked them
We contact you to confirm we've received your order. We will write to you to confirm if your order has been accepted.
Sometimes we reject orders
Sometimes we have to reject orders, for example, because raw materials for a product are unexpectedly out of stock or unavailable, because your payment is not completed, because you order from a country to which we are unable to deliver, or if the price shown on the Site for the product is not the correct price. When this happens, we let you know as soon as possible and refund any sums you have paid.
Your limited rights to cancel orders
You may cancel your order before we have scheduled it for manufacture. Orders cancelled prior to production being scheduled will be subject to a cancellation charge equal to 25% of the total price of the order – this means when we refund you, we will only refund half of the amount that you have paid as the deposit (i.e., 25% of the total price of the order).
No cancellation can be accepted once an order has been scheduled for production and no refund will be paid if you chose not to accept delivery or do not arrange delivery.
Payment; Taxes; Customs and Import
All prices are inclusive of VAT at the current rates. The prices as shown exclude delivery charges.
A 50% deposit payment is required to place the order. The remaining 50% will be due once production of your order is completed and before delivery is arranged. You will be contacted to inform you of completion of your order and you will be invoiced for the remaining 50% payment which needs to be paid prior to the delivery.
We provide U.K. and worldwide delivery for all the pieces. The charges for delivery are calculated manually, and you will receive a delivery quote, as well as an optional insurance rate by email within 2 working days after placing your order.
Please be aware that international delivery may also incur local taxes and import duties. These are your responsibility on arrival in the country of delivery. We can help provide a guidance on these costs through the shippers, but are not responsible for the accuracy of any information provided – the local authorities in your country of delivery will determine ultimately what taxes and duties are payable by you. These are your responsibility. Please email us for help calculating these costs.
We pass on some increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Deliveries
Whilst every effort is made to meet estimated delivery dates provided by our specialist shippers, we cannot be held responsible for circumstances beyond our control. Delays do not give you the right to cancel the order, refuse goods or claim damages. In the case of delayed deliveries, we can deliver to your nominated agent who will then be responsible for onward delivery.
It is your responsibility to ensure sufficient access to your designated delivery address, both externally and internally. Please check that all passages and doorways are high and wide enough for the purchased item. Any special delivery requirements such as use of a hoist, removal of doors, windows etc., must be arranged by your prior to delivery. If delivery proves impossible, storage and delivery costs will apply and you will be responsible for these costs. In order to assist, Procreo Ltd can organise a site visit service for you, this will be charged at an agreed rate by the agent providing the service.
It is our strong preference that the customer is on site at the time of delivery to sign for the products and inspect the products. In the event that you elect a third party to sign on your behalf, it is your responsibility to ensure the third party has fully understood the terms and conditions of the delivery. To sign ‘unexamined’ or similar on the delivery note does not override the above conditions – you must examine the products and note any condition issues at the time of delivery.
If delivery is postponed by you, or delivery is not possible due to issues at the delivery address, then storage costs may be incurred (if we or our agent stores the product) and you must pay these costs promptly. If you do not pay these costs you will be responsible for arranging your own storage at your cost. We will also charge you our costs incurred in connection with unsuccessful deliveries.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as industrial action, adverse weather, reduced supply of raw material, power cuts, failure by external agents (including delivery agents), we contact you as soon as reasonably possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: concierge@procreo.com to discuss how the situation may be addressed. If the delay is so material that you wish to cancel the contract, then we will charge you for the costs of all materials and components purchased or used in connection with the manufacture of your products, and manufacturing costs incurred to that date of cancellation, plus our reasonable administrative costs.
Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or in our marketing. We are able to provide samples on request. Please contact us for more information in relation to samples.
Due to the hand made nature of our products, all sizes, dimensions and measurements may slightly vary.
You're responsible for making sure your measurements are accurate
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct.
We charge you if you don't give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery or installation or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra personnel or reschedule installation. Please see the Deliveries section above.
Distance Selling Regulations
The legal right to change your mind under the Distance Selling Regulations does not apply to goods that are custom made to your order or made to your specifications. As all of the Procreo products are made to order to your specifications, the legal right to change your mind will not apply to the goods ordered on the Site. This means that once you have placed your order and we have accepted your order, you will not be able to change your mind or receive a refunds in respect of it, including after the goods are delivered to you.
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team: concierge@procreo.com. We honour our legal duty to provide you with products that are as described to you on our website and that meet the mandatory requirements imposed by law.
In the unlikely event of a manufacturing defect, or if your item(s) appear to be damaged upon arrival, please identify and note such problem at the time of delivery. You must inspect the products on delivery. You should also take photographs of the defects and damage at the same time and provide copies of those photographs to us. You must advise us immediately of defects and damage identified on delivery. You must in any event notify us not later than 7 days of delivery at concierge@procreo.com with your order details and images showing the problem in respect of damage or defects that were not capable of being identified on delivery.
Upon receipt, we will investigate the matter and determine whether the fault was due to poor use, lack of care, wear and tear or a genuine manufacturing defect.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements that don't affect your use of the product.
We can withdraw products
We can stop providing a product. We let you know before we commence manufacturing if we cannot supply a product and we refund any sums you've paid in advance for products which won't be provided because we determine that we are unable to supply the product.
We don't compensate you for all losses caused by us or our products
We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected or Indirect. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable). We also do not compensate for losses other than losses that arose as a direct and natural result of our breaking this contract. Indirect and consequential losses will not be compensated by us.
- Caused by a delaying event outside our control. We are not responsible for delays outside our reasonable control.
- Something you could have avoided by taking reasonable action, including following our reasonable instructions for use and .
- A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
We use your personal data as set out in our Privacy Policy
How we use any personal data you give us is set out in our Privacy Policy.
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: concierge@procreo.com will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the English courts or in the courts of the country you live in, wherever you live.
Other important terms apply to our contract
You can only transfer your contract with us to someone else if we agree to this. We may not agree if you transfer to a person in a country to which we cannot supply or a person with whom we cannot transact.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
