All orders are subject to acceptance by Protexmart. These terms and conditions apply to all orders unless other valid arrangements have been agreed in writing by both Protexmart and the buyer.
Data Protection. We have obtained your details from our customer list, enquirer records. We may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing programme please write or e-mail, using the contact detail; [email protected]
Price & Payment:
If the Buyer places an Order via the Seller’s web site the price payable for the Goods will be set out on the web site at the time the buyer places the Order. The Buyer may place an Order from one of the Seller’s current catalogues and the prices of the Goods will be set out in the said catalogue.
For customers who have an existing account with Protexmart and the products ordered are in stock we will automatically process web and post orders. We will not call you to confirm web and post orders unless you are a new customer, request that we call you, or we need to contact you to confirm stock availability, payment or delivery details.
If the Buyer accepts the Seller’s Quotation, then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period, then a new Quotation should be obtained, or an enquiry made as regards the price of the Goods upon making an Order. Notwithstanding the above clauses the Seller reserves the right by giving notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
The Buyer shall be responsible for any charges for VAT and carriage in addition to the price for the Goods unless otherwise agreed in writing between the parties. The Seller must receive payment for the total price of the Goods and any applicable charges for VAT, carriage and insurance, before the Order can be accepted unless otherwise agreed in writing.
If the Buyer has a credit account with the Seller, payment shall be made in full within 30 days of the date of invoice sent by the Seller to the Buyer in relation to the Goods. Time shall be of the essence for payment. The Seller shall be entitled to revoke any credit facility if the Buyer fails to make payment by the due date. In addition, if payment is not made by the due date, the Seller shall be entitled to charge interest at the rate of 3 per cent over the then current base rate of National Westminster Bank Plc on the amount outstanding from the due date for payment until receipt by the Seller of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
For all custom-made products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
Delivery & Title:
Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods the Buyer has requested the Seller to leave unattended at their requested delivery address when the Buyer is unable to take receipt of the goods and sign for the goods, at the time of delivery.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT and carriage.
Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
For orders received by 4.00pm, within 3 working days unless specified. Working days are Monday to Friday excluding bank holidays. A few products take a little longer to deliver and you will be informed at point of order of any items that will take longer to deliver.
For stock orders placed before 4.30 pm, we aim to deliver to the UK mainland the next working day (unless otherwise stated at time of order). For Scottish Highlands, Northern Ireland and other offshore Islands please allow 3-5 days for delivery. Protexmart will not be held responsible for any delays.
A delivery charge of £6.95 (exc. VAT) will be added to orders less than £100 (ex VAT) to all postcodes in England, Wales and most of Scotland. Orders over £100 (exc. Vat) are delivered free.
A delivery charge of £12.95 (exc. VAT) will be added to orders less than £150 (exc. VAT) to all postcodes in Scottish Highlands, Northern Ireland and other offshore Islands. Orders over £150 (ex Vat) are delivered free. The following postcodes: Scottish Highlands: AB31 to AB38, AB40 to AB56, IV1 to IV28, IV30 to IV32, IV36 to IV40, IV52 to IV54, IV63, KW1 to KW14, PA21 to PA38, PH4 to PH41, PH49, PH50. Northern Island: BT. Channel Islands and Other offshore Islands: HS, IV41 to IV49, IV51, IV55, IV56, KA27, KA28, KW15 to KW17, PA20, PA41 to PA49, PA60 to PA78, PH42 to PH44, ZE, IM.
Some products are delivered to customers directly from the manufacturer and some manufacturers are unable to deliver outside of the UK mainland. Customers will be advised at time of order if this is the case. Deliveries are made using a national carrier service. Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion, assist with delivering the goods to a location within the premises nominated by the customer, at the customer’s own risk. We cannot deliver to PO Boxes.
Cancellation & Returns:
The Buyer shall be entitled to return the Order for Stocked Products for any reason by giving to the Seller notice of return within 30 days of the invoice date. Such notice may be given by telephoning, emailing or mailing, contact details below.
Free Phone: + 44 (0) 116 291 1697
E-mail: [email protected]
The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale including any original packaging. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer’s failure to comply with these terms. On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer. Where the Buyer is returning the Goods to the Seller for reasons of the Goods being defective or faulty, on receipt of the returned goods the Seller will exchange the goods to the Buyer, subject to inspection to confirm the fault or defect cause.
If the Buyer wishes to cancel an order for non-stocked products, this must be done before the order is confirmed. Non-stocked products cannot be returned once your order is confirmed. Non-stocked products include products personalised items.
Product warranties do not include consumable parts or where products have been damaged through misuse. A replacement or repair for returned products will only be issued after inspection and confirmation that the fault is covered by the manufacturer warranty. Please call us 0845 500 6060 and we will issue a returns number for collecting the item.
A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller in accordance with said clauses in the cancellation and returns section above (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery.
If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract. Inspection of goods immediately on receipt of a delivery is recommended. Damage or short delivery must be notified to the Seller within three days.
Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods.
The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order without defect they will be returned to the seller at the seller’s cost. For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Subject to said clauses in the cancellation and returns section above, the Seller warrants that the Goods will be free from defects in material and workmanship for a period of 12 months from the invoice date unless otherwise stated in writing.
The warranty is given by the Seller subject to the following conditions
- The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods.
- The above warranty is given solely to the Buyer and is not transferable to any third party.
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency. Upon termination, all monies owing to the Seller in accordance with these Terms becomes immediately due and payable and the Seller shall be under no further obligation to supply any goods to the Buyer.
Events Beyond Our Control:
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and there like.
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.