WEBSITE TERMS AND CONDITIONS

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 16 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Pro-Sim Technologies Ltd’s use of cookies in accordance with the terms of Pro-Sim Technologies Ltd’s privacy policy / cookies policy.

If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these Pro-Sim Terms and Conditions and specifically by the Purchase Terms mentioned below.

Purchase Terms

Please read these Purchase Terms carefully before ordering Products online from the Pro-Sim Website.

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Pro-Sim.  In other words you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from Pro-Sim. It is only possible to deviate from these Purchase Terms if agreed in writing by Pro-Sim.

Requirements to Conclude a Contract With Pro-Sim

You have to be 16 years of age or older to buy Products via the Website.

You guarantee that the information you provide to Pro-Sim in the request or order is accurate and complete.

Concluding a Contract with Pro-Sim

All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.

Pro-Sim is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If Pro-Sim does not confirm acceptance of your order within ten working days, it is deemed to have been refused.

All orders submitted by you are subject to acceptance by Pro-Sim. We may choose not to accept your order at our own discretion.  Examples of when we may not accept your order are as follows:

  1. If Products are shown on the Website but are not available;
  2. If we are unable to obtain authorisation of your payment;
  3. If shipping restrictions may apply to a Product ;

If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.

After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.  Acceptance of your order and the formation of a contract of sale of the Standard Products between you and Pro-Sim will not take place unless and until either:

  1. you receive an e-mail from Pro-Sim which confirms the shipping of the Standard Products from our warehouse;
  2. you received confirmation from the carrier that the Standard Products are ready for you to pick them up, when you have been chosen the option to pick up the Standard Products at a Pro-Sim warehouse or carrier office or the carrier has stored the Standard Products at the pickup location

RETENTION OF TITLE

All Products will remain the property of Pro-Sim until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.

QUALITY AND MAINTENANCE OF PRODUCTS

Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Pro-Sim is not liable for these variations and deviations.

Pro-Sim draws your attention to printed maintenance instructions provided with Products where necessary. Pro-Sim is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.

INVOICING

Where we elect, or are required by applicable law, to issue or make available an invoice, Pro-Sim reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.

PRICE

The stated prices show amounts including and excluding VAT. VAT is chargeable to UK and EU countries ONLY. Prices are quoted in British Pound Sterling (GBP) Euro (EUR) and US Dollars (USD). Pro-Sim reserves the right to make price changes prior to an order placed by you.

Pro-Sim reserves the right to change, limit or terminate any special offers or discounts at any time.

Pro-Sim charge delivery costs. The delivery costs vary for each Product, type of delivery and country.

METHODS OF PAYMENT

Please check the Website for information on available payment methods.

DELIVERY

Pro-Sim will deliver to the address indicated by you. We can only deliver to a home or office address or if you have chosen to collect the Products from our warehouse.

Deliveries will be done on business days, not being a public holiday in your country. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence.  Note that public holidays may vary per country and per year. We suggest checking all public holidays to get a better estimation of delivery periods.

Note that Delivery periods shown on the website are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.

Pro-Sim is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Pro-Sim delivers in parts, Pro-sim may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Pro-Sim is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.

In the unlikely event that after entering into the sales contract, Pro-Sim can no longer deliver your Products and is not responsible for this situation, Pro-Sim will be entitled to terminate the sales contract. Pro-Sim will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

YOUR RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period shall be fourteen days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for multiple goods that you have ordered in the context of a single order and which are being delivered separately) the final delivery of partial goods or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.

To exercise your right of withdrawal you must inform us submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from this contract.

To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.


SOFTWARE

Unless otherwise stated, Pro-Sim Technologies Ltd and/or its licensors own the intellectual property rights to software provided for driver training purposes. Subject to the license below, all these intellectual property rights are reserved.

You may use the software only for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish the software (including hosting on any websites);

  • sell, rent or sub-license the software;

  • show any material from the software in public;

  • reproduce, duplicate, copy or otherwise exploit material for a commercial purpose;

  • edit or otherwise modify any material ;

  • redistribute the software;

     

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments we received from you, including delivery charges immediately and at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned goods, or until you have submitted proof that you have returned the goods, whichever comes earlier.

You must send back or submit the goods immediately, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from this contract. The deadline shall be deemed met if you send the goods before the deadline of fourteen (14) days expires.

You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.

EXCHANGE POLICY

Pro-Sim does not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.

DAMAGED OR DEFECTIVE PRODUCTS

At Pro-Sim, quality is paramount. We thoroughly test all our Products to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Pro-Sim has a legal obligation to make sure that our Products are conform to the sales contract.

Returned Products are inspected by the Pro-Sim Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.

If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:

  • Obtained from a source other than Pro-Sim
  • Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
  • Damaged by misuse or activities other than the intended purpose

Please note the life expectancy of any Pro-Sim Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.

Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments by e-mailing info@pro-sim.co.uk.

Warranty

Pro-Sim warrants any product from this online shop first sold to an end-user (Original Purchase) to be free from defects in hardware components and/or workmanship during the warranty period. The warranty period is twelve (12) months and commences on the original date of purchase. Your dated sales or delivery receipt, showing the date of purchase of the product, is your proof of purchase date. You may be required to provide proof of purchase as a condition of receiving warranty service. Please retain your receipt for future reference. Claims under this Limited Warranty must be made within the twelve (12) months warranty period. A Product or part that is, at Pro-Sim’s option, repaired or replaced under this Limited Warranty shall be covered only for the remainder of the original warranty period or for three (3) months, whichever is longer.

Warranty Exclusions

This Limited Warranty does not apply to:
1. defects caused by normal wear and tear including the fair wear of consumable parts, i.e. parts that require periodic replacement during the normal course of the System’s usage (e.g. batteries);
2. breaks, tears, scratches, dents, scratched or faded covers or plastics and broken ports or any other cosmetic damage;
3. parts where the damages are caused by fluids, dirt, or improper use;
4. damage caused by use with another product;
5. use of the System other than for its normal intended use, including, without limitation, failure to use the System in accordance with the user’s manual that accompanies the System;
6. damage caused by accident, abuse, contamination, misuse, viruses, liquid contact, fire, earthquake, improper or inadequate maintenance or calibration, negligence to the system or other external causes;
7. environmental damages and/or defects resulting from smoke, dust, dirt, carbon black or other external influences;
8. a product that has been modified to alter functionality or capability without the written permission of Pro-Sim;
9. the serial number has been removed, damaged, rendered defective or made illegible;
10. modification of the system including defects caused by use of parts not manufactured and/or sold by Pro-Sim;
11. damage caused by improper installation of  products;
12.damages resulting from improper transportation or packing when returning the System to Pro-Sim.
13. damages caused by services/repairs or other modifications to the System carried out by anyone other than Pro-Sim or a Pro-Sim Authorised Service Provider;
14. damages caused by self-repair or by performing an exchange of parts on your own;

License to use website

Unless otherwise stated, Pro-Sim Technologies Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Pro-Sim Technologies Ltd’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Pro-Sim Technologies Ltd’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Pro-Sim Technologies Ltd reserves the right to restrict access to other areas of this website, or indeed this entire website, at Pro-Sim Technologies Ltd’s discretion.

If Pro-Sim Technologies Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Pro-Sim Technologies Ltd may disable your user ID and password in Pro-Sim Technologies Ltd’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Pro-Sim Technologies Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pro-Sim Technologies Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Pro-Sim Technologies Ltd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Pro-Sim Technologies Ltd reserves the right to edit or remove any material submitted to this website, or stored on Pro-Sim Technologies Ltd’s servers, or hosted or published upon this website.

Notwithstanding Pro-Sim Technologies Ltd’s rights under these terms and conditions in relation to user content, Pro-Sim Technologies Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

This website is provided “as is” without any representations or warranties, express or implied. Pro-Sim Technologies Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Pro-Sim Technologies Ltd does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Pro-Sim Technologies Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Pro-Sim Technologies Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pro-Sim Technologies Ltd’s liability in respect of any:

  • death or personal injury caused by Pro-Sim Technologies Ltd’s negligence;

  • fraud or fraudulent misrepresentation on the part of Pro-Sim Technologies Ltd ; or

  • matter which it would be illegal or unlawful for Pro-Sim Technologies Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Pro-Sim Technologies Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pro-Sim Technologies Ltd’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pro-Sim Technologies Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pro-Sim Technologies Ltd .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Pro-Sim Technologies Ltd and undertake to keep Pro-Sim Technologies Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pro-Sim Technologies Ltd to a third party in settlement of a claim or dispute on the advice of Pro-Sim Technologies Ltd’s legal advisers) incurred or suffered by Pro-Sim Technologies Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Pro-Sim Technologies Ltd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Pro-Sim Technologies Ltd may take such action as Pro-Sim Technologies Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Pro-Sim Technologies Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pro-Sim Technologies Ltd may transfer, sub-contract or otherwise deal with Pro-Sim Technologies Ltd’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Pro-Sim Technologies Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

Registrations

Quaifehobbs Promotions Ltd is registered with Companies house. You can find the online version of the register at

https://beta.companieshouse.gov.uk/company/06015599
Quaifehobbs Promotions Ltd’s VAT registration number is 891758569.

Quaifehobbs Promotions Ltd’s details

Quaifehobbs Promotions Ltd’s registered address is No. 8 Calthorpe Road, Edgbaston, Birmingham, West Midlands, B15 1QT
You can contact Quaifehobbs Promotions Ltd by email to info@pro-sim.co.uk.


Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.