Terms of service

PROTEGA SHOP TERMS & CONDITIONS - Applicable from 2nd January 2020.

BACKGROUND:

This agreement applies as between you, the User of this Website or Purchaser, and Protega Global Limited, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

You can contact Protega Global Ltd by:

Telephone: 01722 427 842
E-mail: sales@protega-global.com
Post: Watt Road, Churchfields Industrial Estate, Salisbury, SP2 7UD

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
“Account”
means collectively the personal information, payment information and credentials utilised by Users in setting up the “My Account” section of the website and associated website features.
“Carrier”
means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods”
means any products that “Protega Global” advertises and/or makes available for sale through this Website;
“Protega Global”
is an abbreviation of "Protega Global Limited”, registered in England and Wales under No. 12286651, with its Registered Office at Watt Road, Churchfields Industrial Estate, Salisbury, Wiltshire, SP2 7UD.
“Service”
means collectively any online facilities, tools, services or information that “Protega Global” makes available through the Website either now or in the future;
“Payment Information”
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser”
means any person or business that buys Goods from “Protega Global” from this Website;
“Purchase Information”
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”
means our place of business located at Watt Road, Churchfields Industrial Estate, Salisbury, Wiltshire, SP2 7UD.
“System”
means any online communications infrastructure that “Protega Global” makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by “Protega Global” and acting in the course of their employment; and
“Website”
means the Website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Your Status

By placing an order through our Website you warrant that you are legally capable of entering into binding contracts, that you are resident in the United Kingdom, and you are accessing our site from the UK. If you want to place an order from outside of the UK or want to order goods for delivery to non-UK locations you must contact us to make arrangements: telephone 01722 427 842 or e-mail sales@protega-global.com. Persons under the age of 18 should use this Website only with the permission of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to business customers buying Goods in the course of business.

4. Consumer Rights

4.1 If you are contracting as a Consumer, you may cancel the Contract at any time for any reason within 14 working days, beginning on the day after you received the Goods. In this case you will receive a refund of the price in accordance with our “Refunds and Returns Policy” set out in Paragraph 16.6 below.

4.2 To cancel a Contract, you should contact us by telephone on 01722 427 842, or by e-mail on sales@protega-global.com, to make the appropriate arrangements. The Purchaser should not seek to return the Goods before contacting “Protega Global” who reserve the right to arrange for a carrier to collect.

4.3 The Goods should be returned in the same condition as you received them. Where goods have been supplied in multi-part packs or sets, all components must be returned. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession, otherwise we may have a right of action against you for compensation.

4.4 This Paragraph 4 only applies if you are contracting as a Consumer, and its provisions do not affect your statutory rights as a Consumer.

5. Intellectual Property

5.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of “Protega Global” our affiliates or other relevant third parties.
By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by “Protega Global”.

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of “Protega Global” or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Use of Communications Facilities

9.1 When submitting information to the Website you should do so in accordance with the following rules:

9.1.1 obscene or vulgar language must not be used;
9.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 Content that is intended to promote or incite violence must not be submitted;
9.1.4 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.5 Users must not impersonate other people, particularly employees and representatives of “Protega Global” or our affiliates; and
9.1.6 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that “Protega Global” reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that “Protega Global” may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that we will monitor any information that you send to us through our System, e.g. product reviews. We reserve the right to publish or not publish any such information. You hereby waive your moral right to be identified as the author of such information. We reserve the right to make editorial amendments where we deem it necessary. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to purchase Goods on this Website and to use the enquiry facilities Users are invited to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;
10.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. “Protega Global” accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact “Protega Global” immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, “Protega Global” accepts no liability or responsibility.

10.4 When choosing a username Users are required to adhere to the terms set out above in Paragraph 10. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Non-Account Purchases

11.1 Users who elect to make purchases without creating an Account as set out in Paragraph 11 will be required to provide certain personal details and Payment Information which may vary based upon a User’s utilisation of the Website, as we may not require payment information until the point that purchase is to be made. By continuing to use this Website you represent and warrant that

11.1.1 all information which you submit is accurate and truthful;
11.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment information where any such authority is required; and
11.1.3 you will keep this information accurate and up-to-date

Your submission of a Website order is further affirmation of your representation and warranty.

12. Termination and Cancellation

12.1 Either “Protega Global” or a User may terminate an Account. If “Protega Global” terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2 If “Protega Global” terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

12.3 “Protega Global” reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

12.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

13. Payment

13.1 Payment for all Goods may be by credit card, debit card or Paypal.

14. Manufacturing Standards, Representations & Descriptions

14.1 All products are supplied in accordance with recognised trade tolerances. Every endeavour will be made by “Protega Global” to match colours but exact matching cannot be guaranteed. Material thickness is calculated on a plus or minus 10% tolerance, and sizes given are subject to a plus or minus 5% tolerance.

14.2 “Protega Global” warrants that (subject to the other provisions of these Conditions) upon delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 (the “Warranty”).

14.3 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from “Protega Global” correspond to the actual Goods, “Protega Global” is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Para. 17 for incorrect Goods.

15. Availability and Pricing

15.1 Where appropriate, you will be required to select the required specification of the Goods that you are purchasing.

15.2 “Protega Global” does not represent or warrant that such Goods will be available. Stock indications are provided on the Website, however these may not take into account sales that have taken place during your visit to the website.

15.3 All pricing information on the Website is correct at the time of going online. “Protega Global” reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

15.4 In the event that prices are changed during the period between an order being placed for Goods and “Protega Global” processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

15.5 All prices on the Website are shown as both VAT-exclusive and VAT-inclusive. The VAT number for “Protega Global” is to be confirmed.

16. Delivery

16.1 “Protega Global” will notify you by way of email when your goods have been dispatched to you.

16.2 Any dates specified by “Protega Global” for delivery of goods are intended to be an estimate, and time of delivery shall not be of the essence. If no dates are specified for delivery, delivery will be within a reasonable time and will ordinarily be in accordance with our Delivery Policy.

16.3 “Protega Global” shall not be liable for any losses, costs, damages, charges or expenses whatsoever or howsoever arising caused by its delay in delivering the Goods (even if caused by the negligence of “Protega Global”), non-delivery of Goods, or by its failure to make Goods ready for collection on the specified delivery date, nor shall any delay, non-delivery or failure entitle the Purchaser to terminate or rescind the Contract unless such delay exceeds 30 days.

16.4 If for any reason the Purchaser fails to accept delivery of any of the Goods, or “Protega Global” is unable to deliver the Goods on time because the Purchaser has not provided appropriate instructions or documents then risk in the Goods shall pass to the Purchaser (including for loss or damage caused by the negligence of “Protega Global”) the Goods shall be deemed to have been delivered and “Protega Global” may store the Goods until delivery, whereupon the Purchaser shall be liable for all related costs and expenses (including without limitation, storage and insurance).

16.5 The quantity of any consignment of Goods as recorded by “Protega Global” (or their supplier) on despatch shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.

16.6 “Protega Global” shall not be liable for any non-delivery of Goods (even if caused by the negligence of “Protega Global”) unless the Purchaser gives written notice to “Protega Global” of non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. Any liability of “Protega Global” for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund at the pro-rata Contract rate against any invoice raised for such Goods.

16.7 If “Protega Global” receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good condition and with no problems.

17. Returns and Refunds Policy

“Protega Global” aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

17.1 If the Purchaser wishes to return Goods to “Protega Global” for any of the following reasons, they should contact us by telephone on 01722 427 842, or by e-mail to sales@protega-global.com, to make the appropriate arrangements. The Purchaser should not seek to return the Goods before contacting “Protega Global” who reserve the right to arrange for a carrier to collect.

17.2 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 14 working days to arrange collection and return. “Protega Global” will hold itself responsible for paying shipment costs under these circumstances. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods, subject to Clause 17.8 below.

17.3 If any Goods purchased have faults when they are delivered, the Purchaser should contact “Protega Global” within 14 working days to arrange collection and return. “Protega Global” will hold itself responsible for paying shipment costs in these circumstances. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods under the conditions stated, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased, subject to Clause 17.8 below.

17.4 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

17.5 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to “Protega Global” within 14 working days to arrange collection and return. “Protega Global” will hold itself responsible for paying shipment costs under these circumstances. Upon receipt of the returned Goods, the price of the Goods as paid, will be refunded through the payment method used when the Goods were purchased, subject to Clause 17.8 below.

17.6 If you are a Consumer you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 working days after the Goods have been delivered. If you change your mind about the goods within this period, you are entitled to return them to “Protega Global” within 14 working days of receipt. You will be responsible for paying shipment costs if Goods are returned for this reason.

17.7 If the Goods have been dispatched or have reached you, but you, the Purchaser, (not being a Consumer) decides that they are no longer required, the Goods may be returned to “Protega Global” within 14 working days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of “Protega Global”. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.

17.8 Where a refund has been agreed by “Protega Global” as appropriate in any of the above circumstances, this will be processed as soon as possible, (and in any case within 14 days of receipt of the returned goods), through the payment method used when the Goods were purchased.

17.9 For Goods returned by the Purchaser after 14 working days of their delivery date, “Protega Global” will refund the price paid minus a re-stocking charge of 20% of the value of the order.

17.10 “Protega Global” reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

17.10.1 Any use or enjoyment that you may have already had out of the Goods;
17.10.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
17.10.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
17.10.4 Any diminishment to the value of the goods e.g. if the Goods have been damaged whilst in your care or you have handled them beyond what is necessary to establish the nature, characteristics and function of the Goods. Such discretion will be exercised only within the confines of the law.

18. Privacy

18.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the Privacy Policy link at the bottom of this webpage.

19. Disclaimers

19.1 “Protega Global” makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

19.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

19.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

19.4 Whilst “Protega Global” uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

20. Changes to the Service and these Terms and Conditions

20.1 “Protega Global” reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If “Protega Global” is required by law to make any changes to Terms and Conditions relating to sale of Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

21. Availability of the Website

21.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

21.2 “Protega Global” accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22. Service Availability

Our Website is only intended for use by persons resident in the United Kingdom. If you want to place an order from outside of the UK or want to order goods for delivery to non-UK locations you must contact us to make arrangements: telephone 01722 427 842 or e-mail sales@protega-global.com.

23. Limit of Liability

23.1 The following provisions set out the entire financial liability of “Protega Global” (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of any breach of these Conditions, any use made or resale by the Purchaser of any of the Goods, any error in printing applied to the Goods and any representation, statement or tortious act or omission including negligence arising under or in connection with Contract.

23.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded from the Contract.

23.3 Nothing in these Conditions excludes or limits the liability of “Protega Global” for death or personal injury caused by the negligence of “Protega Global”, for any obligation implied under section 2(3), Consumer Protection Act 1987, for any matter which it would be illegal for “Protega Global” to exclude or attempt to exclude its liability or for fraud or fraudulent representation.

23.4 Subject to this Condition the total liability of “Protega Global” in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price and “Protega Global” shall not be liable to the Purchaser for loss of profit, loss of business, or depletion of goodwill (in each case whether direct, indirect or consequential) or any claim for consequential compensation whatsoever, (howsoever caused) which arise out of or in connection with the Contract.

24. Force Majeure, etc

“Protega Global” shall not be liable for any delay in delivery, non-delivery of some or all of the Goods or cancellation of the Contract which is caused by any circumstances beyond the control of “Protega Global” including without limitation any fire, flood, breakdown of machinery, strike, lock-out, Court Order, Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, epidemic or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

25. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

26. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

27. Third Party Rights

27.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and “Protega Global”, and is binding upon both parties and our respective successors and assigns.

27.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

27.3 “Protega Global” may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

28. Written Communications

28.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

29. Notices

29.1 All notices given by you to “Protega Global” must be sent in writing to Watt Road, Churchfields Industrial Estate, Salisbury, Wiltshire, SP2 7UD, or by e-mail to “sales@protega-global.com”. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Para. 28 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

29.2 In accordance with our Privacy Policy, “Protega Global” may seek to contact you for marketing purposes. See our Privacy Policy for further details including information concerning how to opt out of marketing – a link to the Privacy Policy is provided at the bottom of this webpage.

30. Severability

If any provision of the Contract is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable, or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

31. Law and Jurisdiction

These Terms and Conditions and the relationship between you and “Protega Global” shall be governed by and construed in accordance with the Law of England and Wales, and “Protega Global” and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.