Terms Of Sale/Service

TERMS OF SALE / SERVICE

THESE TERMS 

What do these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content. 

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

INFORMATION ABOUT US AND HOW TO CONTACT US 

Who we are. The website www.prosperplatform.io is operated by THE PROSPER PLATFORM® a company registered in England. Our company registration number is 11885549 and our registered office is at Kemp House, 128 City Road, London, United Kingdom, EC1V 2NX. 

How to contact us. You can contact us by writing to us at info@theprosperplatform.com. 

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 

ACCEPTANCE OF ORDERS 

How we will accept your order. All information on the Site is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order from us on these Terms of Sale. All orders are subject to acceptance by us. After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the products between us and you will not take place unless and until we have sent you an email confirming that the products have been dispatched. 

If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product, because we are unable to obtain authorisation of your payment or because the delivery address you have provided is not a valid shipping address. 

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 

PRICE AND PAYMENT 

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 4.2 for what happens if we discover an error in the price of the product you order. Prices do not include the charge for delivery if any. 

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you and ask whether you wish to proceed with that order at the correct price or cancel your order. 

OUR PRODUCTS 

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 

DELIVERY AND TITLE 

Delivery costs. The costs of delivery will be as displayed to you on our website and are carried out by our shipping carrier. We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. 

When we will deliver the products. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times specified in the checkout process as you submit your order. 

We are not responsible for delays outside our control. If delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our shipping carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. 

If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we or our shipping carrier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. 

When you become responsible for the goods. The products will be your responsibility from the time we deliver the product to the address you gave us. 

When you own goods. You own the Products once we have received payment in full. 

YOUR RIGHTS TO MAKE CHANGES 

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

OUR RIGHTS TO MAKE CHANGES 

We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product. 

CANCELLATIONS AND RETURNS 

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: 

we have told you about an upcoming change to the product or these terms which you do not agree to; 

we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed; 

there is a risk that the supply of the products may be significantly delayed because of events outside our control; 

we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or 

you have a legal right to end the contract because of something we have done wrong. 

Exercising your right to change your mind if you are a consumer (Distance Selling Legislation). Under applicable distance selling legislation or under statutory consumer protection laws of your location of residence to the extent applicable, you may have a right to cancel orders for certain items purchased from theprosperplatform.com within a statutory cooling-off period. For orders placed on theprosperplatform.com, there is a cooling-off period of 14 days from the day after the date on which the item in question was received. 

When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of goods made to your specification or goods that have been clearly personalised and services if we have started to provide the services before the end of the 14 day cancellation period. 

How to end the contract. To end the contract with us, please email us at info@theprosperplatform.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us. Please email us at info@theprosperplatform.com for a return label. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract. 

When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 

How we will refund you. If you are entitled to a refund under these Terms of Sale we will refund you the price you paid for the products including delivery costs (by the least expensive delivery method we offer), by the method you used for payment. Your refund will be made within 14 days from the day on which we receive the product back from you. 

IF THERE IS A PROBLEM WITH THE PRODUCT 

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract, including products that are as described and match the information we provided to you, of satisfactory quality, and supplied with reasonable skill and care. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at info@theprosperplatform.com for a return label. 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 

We are not liable for business losses. We only supply the products to you for domestic and private use. 

HOW WE MAY USE YOUR PERSONAL INFORMATION 

How we will use your personal information. We will use the personal information you provide to us to supply the products to you, to process your payment for the products and, if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us. 

OTHER IMPORTANT TERMS 

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any right to enforce any of its terms. 

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.