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Terms & ConditionsWelcome to the procook.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact our customer services department using info@procook.co.uk Definitions "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Advanced Information Services Ltd; "Website" means the website located at www.procook.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
Use of the website Access You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions. Registration You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting our customer services using info@procook.co.uk between 9am and 5pm week days. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. Indemnity You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information. Our Rights We reserve the right to: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. Third Party Links To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. Purchase of Products Orders We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Contract creation and electronic contracting The technical steps required to create the contract between you and us are as follows: You place the order for your products on the web-site by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the web-site. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from ProCook® Ltd Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in our privacy policy. Non-acceptance of an order may be a result of one of the following: The product you ordered being unavailable from
stock.
ProCook, Contract cancellation Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than 30 days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract prior to order despatch, click on the link and follow the procedure set out in the returns policy. Please note that your right to return Products does NOT apply to Products which fall into the following categories: Goods made to your specification Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Payment All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery Information of this Website. Payment can be made by any of the methods specified in the Checkout Section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. Refusal of transaction We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: Register by providing your real name, phone number, e-mail address, payment details and other requested information Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. ProCook® Gift Vouchers 1. ProCook® vouchers
can be exchanged for goods in all ProCook® shops, and can
also be used to purchase goods online at www.procook.co.uk or over
the telephone from ProCook® . Retail Discount Voucher Terms & Conditions Terms & Conditions 1.Use of a discount voucher constitutes acceptance of these terms & conditions. 2.The discount voucher is only redeemable at participating ProCook® retailers. 3.Cannot be used towards online or catalogue purchases. 4.The discount voucher can be redeemed against goods subject to a purchase over an amount stated on the voucher. 5.The discount voucher will only be accepted in its original, unaltered state. 6.The discount voucher is non-transferable and cannot be replaced if lost, stolen or destroyed. 7.The discount voucher is subject to an expiry date, detailed on the voucher. 8.Terms & Conditions are subject to change without notice, changes will be promptly posted on the ProCook® website www.procook.co.uk. General Intellectual property and right to use You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Compliance with laws The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. Limitation of liability While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. Waiver No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Survival Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Entire agreement These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what ProCook® and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions. Law The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Contact procook.co.uk The registered company address of ProCook®
is:
Privacy PolicyProCook® is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 & subsequent revisions thereof). We collect information about you for three reasons: to process your order (including payment authorisation), to provide you with the best possible service and to assist in developing the sites content. We will not e-mail you in the future unless you have given us your consent (unless to confirm orders). We will give you the chance to refuse any marketing e-mail from us or from any other third party companies in the future. The type of information we will collect about you includes: Your name We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. It is possible to obtain a copy of the information that we hold about you. If you find any inaccuracies we will delete or correct it promptly. A nominal charge of £10 is made to cover administrative costs involved. Should you require a copy of such information, please write to us at: Customer Service Department, The personal information, which we hold, will be held securely in accordance with our internal security policy and English law. Shopping online with procook.co.uk is a safe and secure way of placing your order. All information submitted within the order process is encrypted to ensure your personal and sensitive information is kept secure. You can tell when a page is secure when 'https' appears in front of 'www.procook.co.uk' in your browser's address window also a small padlock will be displayed at the bottom of your browser window. You can verify the validity of our security license by double clicking on the padlock. If we intend to transfer your information outside the EEA (European Economic Area) for uses other than order fulfilment, we will always obtain your consent first. We may use technology to track the patterns of behaviour of registered and non-registered visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening (for example, using Internet Explorer select 'internet options' from the 'tools' menu, then click 'security', followed by 'custom level' and select 'disable cookies'). The information collected in this way can be used to identify you unless you modify your browser settings. We also aggregate this data to perform statistical analyses of the characteristics and behaviour of our registered users and non-registered visitors. Cookies are also used as a further means of ensuring private and secure purchase sessions are operated within the site. We may use third-party advertising companies to serve advertisements on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. Your browser can be modified to not accept cookies - guidance for which is provided in the paragraph above. Sometimes, we may specifically ask for information about you when you sign up to use a service, for instance, ProCook®'s Subscription Service or when you order a product. We will need certain information such as your name, address, credit card number in order to provide you with that service or product. Furthermore, we may also use that information to let you know of additional products or services that we feel may be of interest to you. You can easily choose not to receive such information by letting us know on the registration screen when you sign up for the product or service. Every time you connect to our website we store a log of your visit which shows the unique number your machine uses when it is connected to the internet (IP address). This tells us what you looked at; whether the page request was successful or not and which browser you use to view the pages. The use of this data is strictly for statistical purposes only. This helps us to understand which areas of the site are of particular interest and also which pages are not being requested. It also tells how many people are visiting the website in total. If data is collected during a promotion it is typically shared with the sponsor or co-sponsor. We will inform you at the point of collection whether your personal data will be shared with others as a result of your participation. ProCook® may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by email or an announcement on the website. If you have any questions or comments about privacy, you should contact us directly, either by phone, email or post. |
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