TERMS AND CONDITIONS
This website is operated by ProKit UK Limited and its subsidiaries and affiliates (collectively, "us", "we" or "ProKit UK Ltd").
ProKit UK Ltd is a company incorporated in England and Wales, VAT number GB926313240, company number 06464030. Our registered office is at ProKit UK Limited, Unit 10a The Old Brickworks, Church Road, Harold Wood, Essex, RM3 0HU
You will need to register with ProKit UK to place an order for products through this website. If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.
If you are under 18, we ask that you get your parents or legal guardians’ permissions before completing your account registration. You must gain the bill payers permission before you place an order online. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian.
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade, and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource. Any other use of materials on this website without the prior written permission of Pro:Direct is strictly prohibited.
If you believe that Copyright Infringement has occurred, please provide as much evidence as you are able and send it to us at [email protected] or at our postal address: ProKit UK Limited, Unit 10a The Old Brickworks, Church Road, Harold Wood, Essex, RM3 0HU. Please include enough information to allow us to contact you upon receiving your request.
USER SUPPLIED CONTENT
You may submit material to ProKit UK in the form of comments, questions, suggestions or the like and these communications will be treated as, non-confidential and non-proprietary. In doing so you waive your right to claim material infringement, including the right to approve the way in which ProKit UK uses such material. Material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty-free basis by Pro:Direct anywhere in the world in any media.
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. You agree that you will not use this website to implement software viruses, code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website.
You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be commercially distributed without our permission.
Many of the product images displayed on ProKit UK websites and in advertisements and catalogues have been created by our own professional team of photographers, Pre-Order products may display the manufacturer sample, the final released product may have slight differences in terms of colour or pattern. Once the final released product is received at ProKit UK if we notice any differences to the sample the product will be re-shot and image changed on the websites.
All orders placed on our websites do not constitute a contract. All orders are subject to these Terms & Conditions and are subject to acceptance by ProKit UK. When orders are placed on our websites, we will send an order confirmation that the order request has been acknowledged, this email does not constitute acceptance of the order. Our acceptance of the order is confirmed when delivery of the order is made to you.
As part of the order confirmation process, we will then request pre-authorisation of payment from your card issuer, this will show as a pending transaction for the full value of the order. Payment is captured when we dispatch goods to you. This still does not constitute acceptance of the order.
If you are purchasing a Pre-order Item, we will process a pre-authorisation when the order is first placed but ask that you ensure you have adequate funds in your account at the time of dispatch.
If you are purchasing a personalised item, the payment will be taken before the item is sent for personalisation.
By submitting your payment details to ProKit UK Limited, you accept that we will capture funds at the time stock is available for dispatch, ProKit UK Limited will not accept liability for any charges applied by your card provider relating to the transaction.
Limited Editions - Please note that in the case of limited edition products, there may be extra restrictions such as limiting the number of products per customer. These extra restrictions will be made known to you via the website when ordering.
ProKit UK reserves the right to decline orders for bulk/high value purchases or the identification of a pricing or product description error. We reserve the right to change price and availability information without notice.
All orders placed through the Website are subject to ProKit UK acceptance. This means that ProKit UK may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ProKit UK will issue you a refund.
ProKit UK does not import, import for sale, sell or ship products made with Kangaroo leather to purchasers in the State of California in accordance with state law. If a payment is inadvertently processed for sale or shipment of such a product to California, ProKit UK reserves the right to credit your account for the amount charged without prior notice to you.
If goods are being delivered outside of the UK or EU, we will remove any VAT (Value Added Tax) applied at the prevailing rate by the UK government to goods purchased. Once the package reaches its destination country any customs or import duties levied by the government of the destination country must be borne by the recipient. Although Switzerland is outside of the EU, VAT at the Swiss rate will be applied to orders being delivered to Switzerland.
Please note that the prices displayed as VAT inclusive will be the full price charged to customers in Australia and the United States and no deductions will be made on sales made to these countries. Although customers in these countries do not pay VAT we do not reduce the price paid.
ProKit UK accept no liability for any additional charges levied by the government of the recipient country. By placing an order on our website, the customer acknowledges the recipient accepts liability for any charges applied by their government (including, but not limited to taxes, duties, holding fees),
ProKit UK has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country and are subject to change. ProKit UK would advise each customer to contact their local customs office for further information prior to placing any order.
Furthermore, ProKit UK will also not be liable for any further costs incurred because of customers refusing to pay the applicable customs charges and will charge accordingly for any charges incurred by ProKit UK because of the recipient’s refusal to pay the applicable charge levied by Customs.
Customers outside the UK should be aware ProKit UK will take payment in Sterling; any conversion shown on the website to USD or Euro is purely a guide calculated at that day’s exchange rate, however your bank or card issuer may not offer the same rate. ProKit UK will not be liable for any further charges your card issuer may levy.
Please be aware that not all of our products can be shipped to all destinations. This could be due to Brand restrictions or a restriction on the material or product itself. Please see our FAQ section for further information.
ProKit UK will endeavour to display availability as accurately as possible. If we are unable to supply the goods requested, we will aim to assist you in finding a suitable alternative which you are happy with, however, a difference may be required to be paid. If you do not wish for an alternative product, we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to reallocate in your account.
Some items have very limited availability, very occasionally we may need to limit the amount supplied per customer to try to ensure that as many customers as possible can gain access to them.
In accordance with the Consumer Contracts Regulations 2013, you have 14 consecutive days from the day you receive your parcel to cancel your contract with us.
Should you wish to do this we require written notification via email or post. You may do this either before you receive your parcel, or it can be placed within the parcel upon its return.
If goods have been dispatched, you will be expected to cover the cost of return or pay for the cost of retrieval if the courier hasn't yet delivered.
Any non-personalised cancelled items must be returned to us in resaleable condition, unused and complete with original packaging. When returning, please protect product packaging by using additional outer packaging to return.
We regret that we are unable to cancel orders for personalised items if the personalisation process has begun.
If you are purchasing a Pre-order Item, we will process a pre-authorisation when the order is first placed but ask that you ensure you have adequate funds in your account at the time of dispatch. Pre-order dates are provisional and we cannot be held responsible for any costs incurred for your time, or services paid for if there are delays or non-supply of product.
PERSONALISED ITEMS, USER UPLOADED CONTENT AND CUSTOMISATION REQUESTS
Generally: If you are purchasing a personalised item, we will process a pre-authorisation and collect payment when the order is first place. The payment will be taken before the item is sent for personalisation not immediately before dispatch.
Once an order containing personalised items has begun the personalisation process it cannot be changed or cancelled. All personalised items cannot be returned unless an item has a genuine manufacturer’s fault.
ProKit UK reserve the right to utilise our knowledge and expertise in positioning, sizing and the method of personalisation and customisation. Any images shown on our site indicate only a rough guide as to how the finished item will appear.
By placing your order for personalised or customised items you agree that ProKit UK will use the guidelines provided by you during the order placing process to determine an appropriate and suitable way to personalise or customise your order and you agree to accept the decisions made ProKit UK make when using the guidelines provided by you.
Teamwear and garment personalisation:
Crests and Sponsor Logos will always be produced to industry standard size and placed in the most suitable place on the garment in the area you have suggested. We cannot cover manufacturer logos. If you have elected to add customisation to an area already populated by a manufacturer or brand logo your customisation will be placed in the area you have indicated as appropriate to also ensure that the manufacturer or brand logo is also still visible.
In some rare cases ProKit UK may choose to send a sample for you to sign off before personalising or customising your order. This will not happen on all orders as our experts are usually certain of the best placement and method to use and will always follow industry standards where possible. If a sample is sent to you the processing times and expected fulfilment times will be impacted while your confirmation is awaited. Once a sample has been approved by you it cannot be amended further as production will commence upon receipt of your approval.
User Uploaded Content:
If you upload images to our website to be used when personalising or customising a team wear order you must provide the highest resolution file that you are able to supply. If the image is not of sufficient quality, we may not be able to accept your order and we will contact you to obtain a better quality image or alternatively offer a ‘re-drawing’ service for a fee of £25 to make your image usable.
You must have the right to use any images that you upload in the way that you intend for them to be used. You must also have the right for us to use the images in the way that you request for us to use them. By uploading images to our site you are informing us that you have the right for the images to be used by you and by us. You must not upload any images where you do not have the right to do so and you will be liable for the consequences of any copyright infringement. By uploading images to our site you agree that you have ensured that your intended use of that image does not:
• Infringe anyone’s copyright – you are either the copyright owner or the copyright owner has granted you permission to use the image on your item
• Infringe upon anyone’s privacy or data protection rights – any people used in images or whose data is used in any part of your customised kit should have fully consented for this to take place and you should obtain written approval that such consent has been provided. ProKit UK will not be held liable if you have failed to do so
• Infringe any other rights, such as a trademark, of any person or entity
• Contravene any law
• Include anything that is false, inaccurate, misleading, offensive, threatening, defamatory or might cause needless harassment, alarm, distress, upset, embarrassment, annoyance or inconvenience to any person
• Contain material that is obscene, indecent or offensive or promotes discrimination or incites hatred or violence
• Contain any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to covertly intercept or access data or personal data without authority
We prohibit the use of our upload service to anyone contravening any of the terms of our User Uploaded Content Rules (as detailed above)
CLAIMS FOR NON ARRIVAL OF ORDER/RETURN
You will be provided a with delivery date estimation during checkout. Please note that any dates shown are estimates only and do not constitute guarantees. You may need to allow extra time for your order to arrive if it has not arrived before the estimated delivery date.
ProKit UK uses reputable and reliable carriers who will allow you to track your order so you will be able to follow its progress and see when delivery is likely to take place. Details of how to track your order will be sent to you by e-mail when your order is passed to the carrier.
Please note that if you select a ‘Standard’ delivery service your parcel will be sent through the postal network and in the UK claims for non-arrival of orders will not be investigated until 25 days have elapsed since the parcel was dispatched.
Valid claims of non-receipt are extremely rare and we will always make sure that we do the right thing to minimise any inconvenience caused by any delays in transit. You should contact our customer service team as early as possible if you have any concerns about your delivery.
If our carrier has scanned your parcel as delivered to you but you have not received it, or if your return is showing as scanned delivered to us but we have not yet processed it, please contact our customer service team. You will be required to allow us 10 business days from our acknowledgement of your claim to investigate all such claims. You will also need to fully co-operate in the investigation and provide us with all documentation that we request during the process. Failure to do so will result in a failed claim.
Regrettably online retailers are often targeted by criminals engaging in fraudulent activities and theft which focus on bogus claims of non-receipt of delivery or return (e.g. theft made through so called ‘SE” or “Social Engineering’ techniques, DNA/LIT/MI scams, fraudulent EB/PEB claims, FTID returns and digitally altered POPs). Crimes of this nature are very damaging to retailers and genuine consumers alike.
ProKit UK is acutely aware of the techniques employed by these criminals and as a result our investigation process is very thorough. As part of the process you may be required to provide some or all of the following:
•A signed and witnessed declaration indicating that you have not received your items in spite of the carrier’s indication that they have safely delivered it
•Proof of address
•A police report detailing the fact that your order was stolen from your property
•A face to face meeting with the carrier who delivered your parcel
•In the case of a return - proof of postage that will be passed to the carrier for verification that it has not been altered
•In the case of a return – an affidavit indicating that the items being claimed as returned were legitimately returned by you and that no evidence supplied by you has been fabricated or digitally altered (if you are in the UK and the retail value of your return is over £250 or you are not in the UK, you will be required to arrange your own carrier and will be liable for ensuring that it has the relevant tracking/insurance in the event that we do not successfully receive your returned items so your claim would be with your carrier of choice and not Pro:Direct so you will need to satisfy their requirements for investigation of your claim)
No claims of “non-delivery” or returns claims will be exempt from investigation. Investigations will be executed as swiftly as possible; however, 10 working days is required to allow the retrieval/review of CCTV footage (from our own warehouse, local Post Offices, carrier depots and delivery driver dash cams/PDAs etc) and the completion/review of all relevant documentation.
Where the investigation concludes that an attempt to defraud the company has taken place, it is ProKit UK's policy to refer such cases for prosecution and all evidence collected will then be passed to the relevant authorities. We operate a zero tolerance to such criminal activity and are committed to protecting ourselves, our fellow online retailers and our customers from the increased costs that are associated with becoming a victim of these crimes
All goods supplied by ProKit UK are from official sources and covered by the normal manufacturer's warranty. You can return any item within 14 days of receipt for a refund or to exchange the same item for an alternative size, but the items returned must be in their original condition, which includes any packaging. For example, shoes are to be returned along with the original shoe box, any tags attached and in new condition, (not used outside or on an abrasive surface).
Personalised items - Regrettably, we cannot accept a returned item that has been personalised unless it is a fault of the manufacturer.
If you believe that you have received a faulty product or there has been an error when personalising your item, please contact our customer service team who will be happy to help.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
If you are unhappy with the service or product you have received from us, we have a dedicated team who will endeavour to resolve any complaint or grievance that you may have. However, should you wish to dispute a decision we have made and would rather raise this with an independent body, please see the following link for the Consumer Ombudsman. This site is for the use by European customers: https://www.ombudsman-services.org/consumer-ombudsman-redirect.
ProKit UK may provide links to websites owned by ProKit UK and associated third parties that may not relate to ProKit UK. All links are provided on our sites are for your convenience only. Access to websites that are owned by third parties is at your own risk and ProKit UK is not responsible or liable for such third-party websites.
ProKit UK allows you the option to publish your actions on ProKit UK website to social media platforms. ProKit UK does not control which information gets disseminated on participating social platforms. You agree to allow ProKit UK to check your ProKit UK cookies when you are visiting participating social platforms and allow ProKit UK to receive information about your use of those social platforms. You can deactivate this publishing feature on your social media profile.
ProKit UK will endeavour to ensure that this website is continuously fully operational. However, we cannot guarantee that the website will be fault free. Access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
By using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of ProKit UK and if ProKit UK is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a force majeure and ProKit UK shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term force majeure shall be deemed to include any cause affecting the performance by ProKit UK of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of ProKit UK and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
You agree to indemnify, defend and hold ProKit UK , all of their associate companies, their directors, employees, information providers, licensor and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability 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 and Conditions. You will co-operate as fully as reasonably required by ProKit UK as the case may be, in defence of any claim. ProKit UK reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not, in any event, settle any matter without the written consent of ProKit UK.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, none of ProKit UK nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if ProKit UK have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall ProKit UK accept liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
We have the right to amend, remove or vary our services and/or any part of the Website (including our T&Cs) at any time.
If you have any comments, complaints or questions about our website or any of the products supplied to you, please let us know by:
• Emailing [email protected]
• Write to us at: ProKit UK Limited, Unit 10a The Old Brickworks, Church Road, Harold Wood, Essex, RM3 0HU
WEBSITE USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the website or to place an order or purchase products from ProKit UK Limited.Any other use is prohibited unless agreed to by ProKit UK Limited in writing.
You agree not to change or delete any ownership notices from materials downloaded or printed from the website.
You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the website, including user-generated content, without the prior written consent of ProKit UK Ltd, unless it is your own user-generated content that you legally submitted on the website.
To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This additional information would be proof of billing address or simply a conversation with you, so we can discuss our concerns.
ProKit UK will never cancel or not accept an order without liaising with the customer unless we are certain the order was not genuinely placed by the cardholder.
Any details which are confirmed as fraudulent are passed to the UK police force in cooperation with Action Fraud (https://www.actionfraud.police.uk). Credit card fraud is illegal, and we will fully co-operate with the police and crime prevention agencies to prosecute those who break this law.
ProKit UK is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided and without warranties of any kind. To the fullest extent permitted by law, ProKit UK disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a purpose and non-infringement. ProKit UK cannot guarantee and does not promise any specific results from use of the Website. ProKit UK does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, ProKit UK does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. ProKit UK reserves the right to change all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.
We reserve the right to suspend your use of the Sites at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Sites and/or your account with us with immediate effect if you breach any of these Terms.
Date of last revision: February 2022