Castrol Merchandise store Lesmar Ltd T/A Prominate website terms of use
By Using Our Site You Accept These Terms of Use
Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.castrolmerchandise.com (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.
These Terms of Use were last updated on 1st November 2020
Our agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.
The following documents may also apply to your use of Our Site:
• Our Privacy Policy, available at www.castrolmerchandise.com/privacypolicy This is also referred to below in Parts 3, 7, and 17.
• If you purchase goods from Us, Our Purchase Terms & Conditions, available below will apply to the sale. These terms are also referred to below in Parts 13 and 14.
1. Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access certain features on Our Site, as set out in Part 7;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means content shared by Users on Our Site; and
“We/Us/Our” Means Lesmar Ltd t/a Prominate.
2. Information About Us
Our Site is operated by Lesmar Ltd t/a Prominate. We are a limited company registered in England and Wales under company number 00436880. Our registered address is Gloucester House, 72 London Road, St. Albans, Hertfordshire, AL1 1NS and Our main trading address is The Atrium, Park Street West, Luton, Bedfordshire, LU1 3BE
3. How to Contact Us [and Your Use of Our Contact Tools]
To contact Us by email, please email Us at castrol@prominate.com or to contact Us by telephone, please call Us on 0330 1180178.
We provide the following Contact Tools for you to contact Us: Live Chat
When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
• is sexually explicit;
• in any way sexualises minors (including, but not limited to, child sexual abuse material);
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes, encourages, incites, or supports acts of terrorism;
• promotes or assists in any form of unlawful activity;
• is defamatory of another person;
• bullies, insults, intimidates, or humiliates another person;
• discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive [(obvious parodies are not included in this definition provided that they do not breach any of the other content standards in this Part 3)];
• implies any form of affiliation with Us or any other party where there is none;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
• is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
We may monitor any and all communications made using Our Contact Tools.
Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from www.castrolmerchandise.com/privacypolicy
4. Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make the arrangements necessary in order to access Our Site.
Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
6. Changes to these Terms of Use
We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7. Accounts
Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
Only Users aged 18 or over may create an Account.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
We recommend that you choose a strong password for your Account.
It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please contact Us using the details above in Part 3.
You must not use another person’s Account without their permission.
All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from www.castrolmerchandise.com/privacypolicy.
If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy, available from www.castrolmerchandise.com/privacypolicy.
If you delete your Account, any User Content that you have shared on Our Site will also be deleted.
We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Usage Policy).
8. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
9. How You May Use Our Site and Content (Intellectual Property)
With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.
You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
You may print one copy and download extracts of any page(s) from Our Site for personal use only.
You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
10. User Content
User Content on Our Site includes reviews and comments on products.
An Account is required for the submission of User Content to Our Site.
All User Content and communications with other Users on Our Site must comply with the content standards set out above.
You warrant that you will comply with the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.
All User Content is considered non-confidential and non-proprietary.
We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy.
We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
We do not store any terrorist content.
If you wish to make a complaint about any User Content, please contact Us using the details provided above.
If you wish to remove User Content, you may do so by contacting us using the details provided above. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site.
In addition to the licence granted to Us, by submitting User Content to Our Site, Users grant each other the right to copy and quote their User Content within Our Site for the purpose(s) of marketing and social media promotion.
11. Links to Our Site
You may link to any page on Our Site by first obtaining Our express written permission.
Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
You must not frame or embed Our Site on another website without Our express written permission.
You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
12. Links to Other Sites
Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
13. Disclaimers
Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Purchase Terms & Conditions, available below for more information.
If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
14. Our Liability
The provisions apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Purchase Terms & Conditions, available below.
Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15. Viruses, Malware, and Security
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of Part 15, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
16. Acceptable Usage of Our Site
You may only use Our Site in a lawful manner:
You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
If you fail to comply with the provisions of this Part 16 and/or Our Acceptable Usage Policy, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
Suspend or terminate your right to use Our Site;
Issue you with a written warning;
Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
Take further legal action against you, as appropriate;
Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above) in response to your breach.
17. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from www.castrolmerchandise.com/privacypolicy
18. Communications from Us
If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.
We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
For questions or complaints about communications from Us, please contact Us using the details above.
19. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.
20. Law and Jurisdiction
These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing above takes away from or reduces your legal rights as a consumer.
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
CASTROL MERCHANDISE STORE
LESMAR LTD T/A PROMINATE
PURCHASE TERMS & CONDITIONS
It is important that you read the terms and conditions on this page (the “Purchase Terms and Conditions”) and understand them. They apply to all orders you place for purchases to be made on our websites (the “Sites”, our “Site”) and form the basis of all contracts made between you and us as a result of those orders. In particular your attention is drawn to the sections on our liability to you and your right to cancel (see below).
During the process of placing your order, you will also be asked to confirm that you accept the Purchase Terms and Conditions. By placing an order on our Site, you agree to be bound by these Purchase Terms and Conditions and you also agree that they will form the basis of the contract for any purchases you make from our Site. If you do not wish to accept the Purchase Terms and Conditions or if you are unsure as to the meaning of any part of them, then please do not place any orders on the Sites.
We may occasionally update these Purchase Terms and Conditions, for example to comply with changes in the law or to take account of new ordering processes, goods or services that we may offer. You should read the latest version of the Purchase Terms and Conditions on the Sites whenever you place an order, in order to ensure you are happy with the current Purchase Terms and Conditions at the time you place your order. These Purchase Terms and Conditions were last updated in September 2020.
We advise you to keep a copy of these Purchase Terms and Conditions and your order details for your future reference. We have tried to make these Purchase Terms and Conditions “printer friendly” and recommend that you print them from our website when placing your order.
Please note that your use of our Sites generally are subject to the following documents:
Our privacy policy, which can be found here sets out how we use any information you provide to us whilst using our sites; and
1. OUR DETAILS
Our main trading address is Castrol Merchandise, Lesmar Ltd t/a Prominate, The Atrium, Park Street West, Luton, Bedfordshire, LU1 3BE, UK. Company Registration: 00436880
If you have any questions about these Purchase Terms and Conditions or any other customer service enquiries, then please contact us by:
2. CONTACT US
UK: 0330 1180178*
International: +44 (0) 1582 320930
Email: castrol@prominate.com
Lines Open: Monday to Friday: 9am – 5pm
Saturday: Closed
Sunday: Closed
Bank/Public Holidays: Closed
* Calls cost the same as calling a standard UK landline.
Mobile and other network call charges may vary.
3. WHO CAN PURCHASE FROM US?
To purchase from us you must be over 18.
You do not need to register on the website in order to place an order, as our Sites allow you to make orders using a guest account.
4.OUR PRODUCTS AND PRODUCT DESCRIPTIONS
Please note the following in relation to the product information provided on the Sites:
•Product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size.
•We cannot guarantee that your computer’s display will accurately reflect the colour of the products you order and, therefore, those products may vary slightly in colour from the images on the Sites.
•Lesmar Ltd t/a Prominate’s policy is one of continuous product development. The right is reserved to change the specifications, colours and prices of the products illustrated and described in our website at any time. Subject to these Purchase Terms and Conditions, we will fulfil accepted orders, but there is no guarantee that anything you have seen on the Sites will still be available for purchase at a later date.
•Our product offerings may vary from market to market and are subject to change without notice.
If you have any doubts about the colour, size or any other specification of the products you wish to order, we recommend you contact our customer services department, using the details given above prior to placing an order on the Website.
5. HOW TO ORDER
If you wish to order something from a Site, you can do so by selecting the quantity you wish to purchase and then adding it to your ‘cart’.
From the ‘your cart’ page, you then proceed through the checkout process (either using the guest checkout or by logging into a Site), to enter your billing address, delivery options, packaging requirements, any personal message, and enter any valid promotional code that you have.
Once you have created your order, you will be displayed your full Order Summary. You should check that all the details are correct. If it is not correct, you can step back through the checkout process and correct any mistakes before confirming and submitting your order to us.
It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please contact our customer services department, using the details given above in the “Contact Us” section.
To place your order you must click the “Proceed to Checkout” button on the checkout page. You will be directed to a secure payment page operated by our provider of on-line payment facilities where you can enter your payment information. You may also have to go through a transaction confirmation process with the issuer of the card that you are using to pay us.
Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. Once you have entered your payment information and your payment has been confirmed, you will then be directed to an Order Acknowledgement confirmation screen on our Site displaying the details of your order.
6. PAYMENT
The prices indicated on our Sites include all taxes including VAT, which may be payable in respect of the goods ordered, unless otherwise stated.
However, if you have ordered goods for delivery outside of the UK, you may be liable to pay import duties or other taxes, and VAT applicable in your own country. You are responsible for paying those charges and we would recommend that you contact your local customs office for further information.
Prices exclude delivery costs, which will be automatically added to the total amount due once you have selected your chosen delivery method – see the “Delivery” section below.
All payments must be made at the time of placing the order using the payment facilities on the Site. We accept payment by all major debit and credit cards.
It is your responsibility to ensure that the payment details you provide are correct and complete. We do not have to supply goods to you if the details you submit when making your order are incorrect or incomplete, and we are unable to take payment as a result.
No payment will be treated as made until we have received it in cleared funds, and we will not dispatch the goods until we receive payment in full.
If we are unable to accept your order for any reason, then we will refund any money paid by you in respect of that order. If we have not yet taken payment from your debit/credit card, then we will not do so.
7. OWNERSHIP OF GOODS
You own the goods once we have received payment in full for them and they have been delivered to you.
8. DELIVERY
Please contact us before ordering if you wish to have goods delivered outside the UK, as we cannot supply products to all countries, delivery charges and dates will be different from those set out below and you will need to pay customs duties and taxes in addition to the amounts set out in our Site.
Delivery is generally within 3-5 working days after you place your order.
However, we cannot guarantee delivery dates and are not responsible for delays caused by events beyond our reasonable control, such as poor weather conditions or labour disputes at the delivery service providers that we use. In the unusual event that we are unable to deliver your order within thirty days of the date of your order, we will let you know this. At that point you will have the option to cancel your order or to agree to continue with it, and we will then dispatch the item if and when it becomes available.
If you have not received the goods by their expected date for arrival then please let us know as soon as possible.
If you have ordered multiple items, we may deliver the goods in several instalments but will not make extra delivery charges for this.
Delivery will be complete once we have delivered the goods in question to the address you gave us (or any alternative address that you have agreed that we may leave the goods at). If no-one is available at the address to take delivery we will leave you a note to this effect, in which case you should contact us to re-arrange delivery. If you fail to contact us to re-arrange delivery with the period specified by us or fail to take delivery on the re-arranged date then the products may be returned to our warehouses. If that happens then we reserve the right to charge you for the additional costs that we may incur as a result and to cancel your order.
The goods become your responsibility once delivery has been completed.
You must comply with all applicable laws and regulations of the country to which you ask us to deliver goods. We will not be liable or responsible if you break any such laws or regulations.
9. OUR LIABILITY TO YOU
For further information about your legal rights and how they may be affected by these Purchase Terms and Conditions, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau or visit the Trading Standards website at www.tradingstandards.gov.uk.
Subject to the caveat at the end of this section, we are only liable to you for losses which you suffer as a foreseeable result of us breaching these Purchase Terms and Conditions, or our negligence. A loss is foreseeable if it was an obvious consequence of us breaching these Purchase Terms and Conditions, or if you and we contemplated those losses at the time the contract between you and us was formed. We are not liable to you for any losses which were not foreseeable.
We are not liable to you for losses which you suffer due to any event beyond our reasonable control. If such an event takes place that affects the performance of our obligations under a contract with you:
•we will let you know as soon as we reasonably can; and
•our obligations will be suspended, and the time in which we have to perform those obligations will be extended for the duration of the relevant event. If the event affects our ability to deliver goods to you, we will arrange a new delivery date with you once the event is over.
We will not be liable to you for any business losses that you may incur, including but not limited to lost profits, loss of business, loss of business opportunity or business interruption.
However, nothing in these Purchase Terms and Conditions shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraud or fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not be limited or excluded under applicable law.
10. YOUR RIGHT TO CANCEL
You have the right to cancel orders at any time before your order is dispatched and within 30 days after the products have been delivered to you beginning on the day after you received the products and a right to receive a refund from us. This right to cancel is in addition to your right to return defective or damaged goods set out below in the “Damaged or Defective Goods” section, and your other legal rights. For details of those legal rights, please contact Citizens Advice Bureau or visit the Trading Standards website at www.tradingstandards.gov.uk.
Please note that this right to cancel does not apply to orders for personalised, made to measure, custom made or perishable goods.
Your right to cancel the contract begins as soon as the contract is formed. As explained above, the contract is formed when we accept your order by dispatching the goods to you. Once you have received the goods, your right to cancel lasts until 30 days after you have received them beginning on the day after you received the goods.
If you wish to cancel your order, please contact us using the contact details given above in the “Our Details” section, stating your order reference number.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
If you choose to cancel:
•You will receive a refund of the price you have paid for your goods, as soon as possible and, in any case within 14 days after the day on which we receive the product back or, if earlier, the day on which we receive evidence that you have returned the goods to our returns address.
•You must return the goods to us promptly and in any event within fourteen (14) days of cancellation. Return or collection will be at your cost.
•If you return goods to us by any method other than through the free returns label (available via customer services contact for faulty or damaged goods only, details below) then we will not be responsible for any loss or damage to them during transit.
•We recommend that you use a recorded or secure delivery method to return good to us. If goods are lost or damaged in transit and you have not used our free returns option, we may charge you, or not refund to you, any amounts that are attributable to the loss or damage.
•If you receive goods that are damaged or faulty and wish to return them to us for a refund, we will in addition refund the cost of delivery paid to receive the goods and will offer a free returns service as outlined above. In circumstances other than faulty or damaged goods, the cost of returning the goods to us is to be borne by you and the initial delivery fee that you were charged may not be refunded.
•You must take reasonable care of the goods and not use them. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration, up to the price of the product, from the refund to which you are otherwise entitled.
•Where possible please return goods in their original packing. This will save you having to buy alternative packaging in which to return the goods and reduces the risk of damage when they are returned. You will be responsible for any damage caused by you failing to pack the goods properly for their return.
•You must also return any free gift or promotional product received by you as a result of that order. We may charge you a reasonable amount for the free gift or promotional product if you do not return it.
If you cancel part of an order then we will recalculate the original order price and adjust the delivery charges payable by you for the retained items accordingly. This may result in a payment being required if, for example, the revised order price is now lower than that required to obtain free or reduced rate delivery charges.
11. DAMAGED OR DEFECTIVE GOODS
You should inspect the goods when you receive them for defects or damage. If you find that they are already defective or damaged, you should tell us as soon as possible using the contact details given above in the “Our Details” section. We may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.
As a consumer you have certain legal rights in relation to the quality of the products that we supply. For details of those legal rights, please contact Citizens Advice Bureau or visit the Trading Standards website at www.tradingstandards.gov.uk.
In addition to these rights, we provide the following warranty with the products that you order from the Site.
12. 12 MONTH WARRANTY
We at Lesmar Ltd t/a Prominate want you to be completely happy with your product.
If there is any defect in any product that you purchase from the Site and you notify us of this within 12 months after the date of delivery in accordance with this warranty section then we will at our option repair or replace the goods or, if neither is possible within a reasonable time, we will refund the price paid by you.
Your warranty may be transferred to another person in a one-time transfer. This transfer is to allow the purchase of gifts where the ownership of the product is passed from one person to another.
This warranty does not apply to and does not cover damage or defects arising from:
•fair wear and tear.
•inappropriate storage or use of the product or anything external to the product itself.
•accident, misuse, neglect, or damage by you or any third party.
•use for purposes or in a manner other than as recommended or intended by the manufacturer or failure to follow the manufacturer’s instructions.
•damage caused by failure to follow the manufacturer’s care instructions or from use of inappropriate cleaning products or those of a corrosive and/or abrasive nature.
To make a warranty claim you should contact us at:
13. CONTACT US
UK: 0330 1180178*
International: +44 (0) 1582 320930
Email: castrolmerchandise@prominate.com
Lines Open: Monday to Friday: 9am – 5pm
Saturday: Closed
Sunday: Closed
Bank/Public Holidays: Closed
* Calls cost the same as calling a standard UK landline.
Mobile and other network call charges may vary.
•Supply details of the warranty claim which include your personal details.
•Follow our product return instructions.
•Include details of when and where you bought the product and a copy of your receipt or online order number.
•You may be given a returns identification number, please include this number within the package and take not of this for your reference.
•Retain the proof of postage/carrier return.
Please send all returns to us with a covering letter, stating your order reference number, together with a copy of the original delivery note. Where you are making a warranty return then please include all of the details set out in the warranty section above.
Please try as far as possible to take care opening your goods and removing the outer transit packaging. Take extra care when opening bags and boxes with scissors as you may damage the contents. If you are able to return them in the original packaging, this may save you having to buy alternative packaging in order to return the goods.
Until goods are returned to / collected by us, you have a legal obligation to retain possession of the goods and to take reasonable care of them while they are in your possession. We recommend that you return goods by recorded delivery and we advise you to ensure the goods are adequately insured during the return journey.
All refunds will be made by the payment method which you originally used to purchase the goods.
14. OTHER INFORMATION
We may not necessarily keep a copy of these Purchase Terms and Conditions with your order. We advise you to print a copy of them so you can refer to them in the future.
All communications between us and all contracts formed between us will be made and conducted in the English language.
Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
Neither you nor us intend that these Purchase Terms and Conditions other than the 12 month warranty as set out in that section, or any contract formed between you and us for the supply of goods or services by us to you will be enforceable by anyone except you and us.
Each element of these Purchase Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of them) are unlawful or unenforceable, the remaining terms (or part of them) will remain in full force and effect.
Nothing in these Purchase Terms and Conditions or our contract gives you any rights in respect of our intellectual property (or that of third parties who grant us rights to use their intellectual property), other than the right to proper use and enjoyment of the goods you have purchased from us.
The laws of England apply to these Purchase Terms and Conditions and our contract.
If any disputes arise between you and us in relation to these Purchase Terms and Conditions and our contract and you want to take court proceedings, then we agree that those proceedings may be brought in the courts of England and Wales. However, either you or us may bring proceedings in any other courts which have jurisdiction under applicable law. You may prior to taking court proceedings refer your case to Alternative Dispute Resolution (ADR). Your local Citizens Advice Bureau can identify an independent ADR adjudicator, or you may refer to the EU Commission’s Platform at ec.europa.eu/odr