1. INFORMATION ABOUT US

The Site is operated by PROSHINE BY CDM LTD. We are registered in England and Wales under company number 12707981.

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Confirm” button on the “Checkout” page.

2.2 After placing an order, you will receive an e-mail (the “Order Confirmation”) from us acknowledging that we have received your order and giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us will only be formed when we send you the Dispatch Confirmation for the relevant Product.

2.3 The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.

2.5 We may be unable to process your order if:

The Product you ordered is out of stock or discontinued;

OR

There is a problem with authorisation of your method of payment.

1. DELIVERY

3.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order (e.g. Standard Delivery etc).

3.2 We will dispatch all Products comprised in your order which are supplied by us at the same time albeit on some occasions in multiple packages. Delivery will be made to the delivery address specified in your order. Please see Delivery Information for details of where we deliver and the available delivery options. We cannot deliver items within the same order to multiple addresses. We are not responsible for any additional carrying or positioning of Products ordered.

1. RISK AND OWNERSHIP

4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

4.2 Ownership of the Products will only pass to you on: delivery of the Products to you; or us receiving full payment of all sums due in respect of the Products, (including delivery charges) whichever is the later.

1. PRICE AND PAYMENT

5.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.

5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

5.3 We cannot complete your order until you have paid for it in full. Payment can be made by credit/debit card / American Express / PayPal.

5.4 By using a credit/debit card or PayPal to pay for your order, you confirm that the card/account being used is yours. All fields indicated as compulsory must be completed. Please note that we will only use your information in accordance with our *Privacy Policy*. All credit/debit card/PayPal account holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card/PayPal payment in accordance with your order.

5.5 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

1. OUR CANCELLATION, RETURNS AND REFUND POLICY

6.1 Except in relation to the Products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the Products are dispatched to you, and up to 90 days afterwards. Please refer to your Dispatch Confirmation email for the Returns Procedure for online orders or by contacting our Customer Services team at on ps@proshinebycdm.com

6.2 You may not cancel your order if the Products are (i) personalised for you; or (ii) perishable items (e.g. food) unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.

6.3 Where you decide to cancel an order after we have dispatched the Products, you will be under a duty to return them to us, at your own risk. We will not be responsible for any loss or damage to the Products in transit. All such Products should be returned within 90 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging, by one of the means set out in our Returns Procedure.

6.4 After you cancel your order and return the Products, any sum debited by us to your credit/debit card/PayPal will be refunded in full (including the cost of delivery if you paid for delivery). We may make a deduction from the reimbursement for loss in value of any Products if the loss is a result of unnecessary handling by you. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase except PayPal returns in store. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will process the refund due to you as soon as possible and, in any case, within the earlier of (a) 14 days of the day we receive back the Products from you; (b) 14 days of the day you provide us with evidence that you have returned the Products; or (c) where no Products were dispatched 14 days of the day you provide your notice to cancel the order.

6.5 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact us at ps@proshinebycdm.com.

6.6 If you have reason to return a Product received using the Click & Collect service, you must return the Product either by post in accordance with the Returns Procedure on the Dispatch Confirmation, or return it in person, together with the original Product packaging. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If you decide to return the Product by post, the refund will usually be processed as soon as possible and, in any case, within the earlier of (a) 14 days of the day we receive back the Products from you; or (b) 14 days of the day you provide us with evidence that you have returned the Products. If the Product you are returning is not faulty, e.g. you ordered an incorrect item, and you choose not to return the item, we are not responsible for the postage or delivery charges in connection with the return of the Product.

6.7 Our policy on cancellations, returns and refunds does not affect your statutory legal rights under the Consumer Rights Act 2015 or the Consumer Contracts Regulations 2013. If you have further questions regarding your legal rights please contact your local Citizens’ Advice Bureau or your local Trading Standards Office.

1. OUR LIABILITY

10.1 We are under a legal duty to supply Products that are in conformity with the contract. We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

10.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

10.3 Nothing in this section 10 or elsewhere in our Terms & Conditions affects your statutory legal rights.

1. NOTICES

Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.

1. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

1. GENERAL

13.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.

13.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

13.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.

13.4 You and we agree that English law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom or the Republic of Ireland, in which case the applicable law of that part of the United Kingdom or the Republic of Ireland will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

1. CONTACT US

If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.

1. UPDATES

These Terms & Conditions were last updated in July 2021