TERMS & CONDITIONS

Welcome to the website terms and conditions of Pro Power MX. These terms and conditions pertain to the utilization of www.propowermx.co.uk. By entering this website or placing an order, you are consenting to abide by our Terms & Conditions. Your use of this website signifies your acceptance of these terms, regardless of whether you opt to register with us or make a purchase. If you do not agree with these terms, please refrain from using this website. www.propowermx.co.uk is managed by Pro-Power Engineering Ltd, a company registered for VAT under VAT No 444 0049 25.

TERMS & CONDITIONS:

  1. INTRODUCTION

1.1 Access to this Website: You can explore all sections of this Website without the need for registration.

1.2 Updates to Terms and Conditions: We reserve the right to make revisions to these Terms and Conditions at any time, and these changes will be reflected on this page. Please periodically review these Terms and Conditions when using this Website. Some specific provisions may be overridden by clearly marked legal notices or terms on certain pages of this Website. If you do not agree with any new terms and conditions after they have been posted, please refrain from using this website.

  1. ORDERING FROM US

2.1 Placing an Order: When you place an order through our online checkout process, you are considered to have initiated an order with us. During checkout, you will have the opportunity to review and correct any errors in your order. We will send you an order acknowledgement that details the products you have ordered.

2.2 Order Acceptance: Our acceptance of your order occurs when we dispatch the order. You will receive a dispatch confirmation via email. The purchase contract becomes effective upon dispatch, even if your payment has been processed immediately, unless we notify you of order rejection or if you cancel your order.

2.3 Order Acceptance Rights: We retain the right to reject or accept an order in the following situations:

[a] When goods are unavailable.

[b] When we cannot obtain payment authorization.

[c] In the event of pricing or product description errors.

[d] For international orders not processed through PayPal.

[e] If you do not meet specific eligibility criteria specified in our Terms and Conditions.

2.4 Restricted Item Shipping: Certain items, such as Aerosols, Oils & Lubricants, and Bike Cleaner, cannot be shipped outside of the UK due to health and safety regulations. For any inquiries on this matter, please contact us.

2.5 Heavy Item Shipping: Some products with excessive weight, such as Tyres and Bike Stands, may incur additional postal charges or may not be eligible for shipment outside of the UK. This typically applies to orders outside of the UK.

2.6 Reporting Missing Parcels: To enable us to investigate or file a claim for a damaged or missing parcel, you must inform us within 14 days of receiving the dispatch notification email for that parcel.

  1. PRE-ORDERING INFO

3.1 What is a Pre-order? A pre-order allows you to reserve our hottest new products before their official release.

3.2 Pre-order Shipping Date: Pre-ordered items will be shipped on their release date. Other items in your order will be processed for immediate shipment based on availability. If you've ordered other items along with the pre-ordered one, you'll likely receive the other items first.

3.3 Pre-order Payment: We collect payment at the time you place your pre-order, similar to a regular transaction. You will receive a notification when your order is dispatched.

3.4 Expected Release Date: The term "expected" release date acknowledges that we may not always predict the exact date a pre-ordered item becomes available. We will ship your pre-order as soon as possible but cannot guarantee a specific date. If the release date changes or if unforeseen circumstances lead to unavailability, we will notify you via email.

3.5 Pre-order Cancellation: You have the option to cancel a pre-order at any time before it is dispatched.

3.6 Pre-order Pricing Changes: Pre-order item prices are subject to change, although we make every effort to provide accurate price forecasts. In rare cases of price changes, we will contact you.

  1. PRICING

4.1 VAT Inclusive Prices: Our prices already include VAT, and our VAT Number is 444 0049 25.

4.2 Additional Charges: Where separate charges apply for packing, carriage, insurance, and other relevant costs, you can find the applicable rates in our specified pricing structure on this website.

4.3 Price Review Frequency: We review our prices on a monthly basis.

4.4 Currency and Orders: All orders placed on our site are in Pound Sterling (£GBP).

  1. STOCK & AVAILABILITY

5.1 Stock Status Updates: Please note that our stock status may change at the time of your order due to the synchronization of various warehouse databases. While we aim to maintain an up-to-date and accurate stock system, slight discrepancies may occur (e.g., due to out-of-hours or bulk orders consuming higher stock levels).

  1. RETURNS POLICY

We accept returns under the condition that items are unused and in their original resalable state. All packaging, cellophane wrapping, and tamper-resistant seals must remain intact. Due to hygiene considerations, we cannot accept returns for underwear garments. Customers are responsible for the return of goods, and we recommend using an insured method like Evry or Parcel2Go. Return postage costs are not covered by Pro Power MX unless you report damaged or faulty goods upon receipt. We will cover return postage costs up to £10.00. If you choose additional specialist services that incur extra charges (e.g., Special Delivery or Time Specified Delivery), these costs will be your responsibility (beyond the agreed £10 threshold). You must notify us of your intent to return items by phone or email within 30 days of receiving your order. If you inform us during this "cooling off" period, you will receive a full refund.

Please note: Returns are not accepted for special order (bike-specific) products, including tyres. When returning items, please use the Returns Form enclosed with your delivery or include a covering letter with your name, contact phone number, invoice number, and reason for return.

 

  1. LICENCE

7.1 Permission for Use: You are allowed to print and download extracts from this Website for your personal use under the following conditions:

[a] No modifications to any documents or related graphics.

[b] Graphics used in conjunction with accompanying text.

[c] Display of our copyright, trademark notices, and this permission notice in all copies.

7.2 Ownership of Content: Unless otherwise stated, we or our licensors own the copyright and other intellectual property rights for all material on this Website, including photographs and graphical images. Any use of extracts from this Website, apart from what's specified in clause 7.1, for any purpose is prohibited. Breach of these terms will automatically terminate your permission to use this Website, and you must destroy any downloaded or printed extracts from this Website.

7.3 Reproduction and Use: No part of this Website may be reproduced, stored on another website, or included in any public or private electronic retrieval system or service without our prior written permission.

7.4 Reserved Rights: Any rights not expressly granted in these terms are reserved.

  1. SERVICE ACCESS

8.1 Availability: While we strive to ensure 24/7 availability of this Website, we are not liable if the Website becomes unavailable at any time or for any duration due to system failures, maintenance, repairs, or reasons beyond our control.

8.2 Temporary Suspension: We may temporarily suspend access to this Website without notice in cases of system failure, maintenance, repair, or for reasons beyond our control.

  1. VISITOR MATERIAL & CONDUCT

9.1 Non-confidential Material: Except for personally identifiable information, which falls under our Privacy Policy, any material you transmit or post to this Website is considered non-confidential and non-proprietary. We have no obligations concerning such material. We and our nominees have the freedom to copy, disclose, distribute, incorporate, and use such material, including data, images, sounds, text, and other components, for commercial or non-commercial purposes.

9.2 Posting Restrictions: You are prohibited from posting or transmitting material to or from this Website that:

[a] Is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, incites racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or causes annoyance or inconvenience.

[b] You have not obtained all required licenses and approvals for.

[c] Constitutes or encourages conduct that may be considered a criminal offense, give rise to civil liability, or infringe the law or rights of a third party in the UK or any other country.

[d] Is technically harmful, including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data.

9.3 Misuse of Website: You may not misuse the Website, including hacking.

9.4 Law Enforcement Cooperation: We will fully cooperate with law enforcement authorities or court orders requesting disclosure of identity or location of anyone posting material in breach of clauses 9.2 or 9.3.

  1. LINKS TO AND FROM OTHER WEBSITES

10.1 Third-Party Links: Links to third-party websites on this Website are provided solely for your convenience. When you use these links, you exit this Website. We have not reviewed all of these third-party websites and do not control or endorse them or their content or availability. Therefore, we do not make representations or endorsements regarding these websites, their material, or the results from using them. If you decide to access any linked third-party websites, you do so at your own risk.

10.2 Linking to This Website: If you wish to link to this Website, you may do so by linking to the home page of this Website, under the following conditions:

[a] You do not alter the size or appearance of the Pro Power MX logo.

[b] You do not create a frame or other browser or border environment around this Website.

[c] You do not imply that we endorse products or services other than our own.

[d] You do not misrepresent your relationship with us or provide false information about us.

[e] You do not use Pro Power MX trademarks displayed on this Website without our express written permission.

[f] You do not link from a website you do not own.

[g] Your website does not contain content that is distasteful, offensive, or controversial, infringes on any intellectual property or other rights of a third party, or violates applicable laws and regulations. We reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.

10.3 Indemnification: You shall indemnify us fully for any loss or damage we or any of our group companies may suffer or incur due to your breach of clause 10.2.

  1. DISCLAIMER

11.1 Information Accuracy: While we make efforts to ensure that the information on this Website is accurate, we do not guarantee the accuracy and completeness of the material. We may make changes to the material on this Website or product descriptions and prices without notice.

  1. LIABILITY

12.1 Exclusion of Liability: We, other involved parties (whether in creating, producing, maintaining, or delivering this Website), our group companies, and our officers, directors, employees, shareholders, or agents exclude all liability for any loss or damage that may result to you or a third party, including direct, indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or related to business interruption, whether in tort (including negligence), contract, or otherwise, connected with this Website, its use, inability to use, or the results of using this Website, any websites linked to this Website, or material on such websites. This also includes loss or damage due to viruses that may infect your computer equipment, software, data, or other property when accessing, using, or browsing this Website, or downloading material from this Website or linked websites.

12.2 Exceptions to Liability Exclusion: Nothing in these Terms and Conditions excludes or limits our liability for

[a] death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977);

[b] fraud;

[c] misrepresentation as to a fundamental matter; or (iv) any liability that cannot be excluded or limited under applicable law.

12.3 Product Descriptions: Product descriptions are provided by manufacturers, and Pro Power MX  takes no responsibility for their accuracy or content.

12.4 Cost of Servicing: If your use of material from this Website requires servicing, repair, or correction of equipment, software, or data, you assume all related costs.

12.5 Indemnification Agreement: You agree to fully indemnify us, defend us, and hold us, along with our officers, directors, employees, and agents, harmless from any claims, liability, damages, losses, and costs (including reasonable legal fees) arising from your breach of the Terms and Conditions or your use of this Website or the use by another person using your registration details.

  1. GOVERNING LAW & JURISDICTION

13.1 Applicable Law and Jurisdiction: These Terms and Conditions are governed by and interpreted in accordance with English law. Disputes arising in connection with these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

13.2 International Use: We do not guarantee that materials/items for sale on the Website are suitable or available for use outside the United Kingdom. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you access this Website from locations outside the United Kingdom, you do so at your own risk and are responsible for complying with local laws.

  1. Miscellaneous...

14.1 Assignment of Rights: You may not assign, sublicense, or transfer any of your rights under these Terms and Conditions.

14.2 Severability Clause: If any provision of these Terms and Conditions is found invalid by a competent court, the invalidity of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

14.3 Third-Party Rights: Only parties to these Terms and Conditions may seek to enforce them under the Contracts (Rights of Third)