Terms and Conditions
Summary of Key Points
Our terms and conditions are designed to protect our customers, and are approved by Safebuy and the Office of Fair Trading (OfT)
Email / Telephone Contact:
Proviation will endeavour to reply to your enquiry the same business day as we receive it, up to 6pm each day. Enquiries received after that time will be answered the next business day. You can reach us via the Contact page, by e-mail, or telephone +44 (0)800 380 0577; +44 (0) 1582 20 49 86
We are committed to ensuring your absolute privacy in your dealings with us. Therefore, your details will be used only to place and process your order. Outside of this aspect, your details shall not be made known to any other party. In addition, we may get in touch with you, via e-mail, for reasons pertaining to your order. We generally do not conduct e-mail marketing campaigns. Any messages you do receive from us will be wholly beneficial and informative.
We do not send intrusive random marketing e-mails (Spam). We occasionally send out pertinent service update if this is in the interest of our customers.
We conform to the requirements of the Data Protection Act, 1998. We are PCI-DSS approved.
The personal information we hold for the above reasons be held securely in accordance with our internal security policy and the law.
Being PCI-DSS compliant means we satisfy government guidelines on data protection online.
All manufacturers normal guarantees apply. We handle returns under guarantee.
Every product we sell carries at least a 1 year warranty for defects, which we will provide in the absence of a manufacturer's warranty. In many cases, our warranty is longer than the manufacturers!
Returns Procedures and Refunds:
We want to ensure that shopping with us is a pleasure, and that you are completely satisfied with a purchase..
Should any of our products be unwanted you may report this within 28 days for a full refund or exchange for a different item.
We kindly request that you get in touch with us first receive further instructions and so we can expect your item.
Please pack the relevant item securely with its original packaging and send it to us with a copy of your sales receipt slip. You must notify us in writing of your request to cancel within 28 days of your receiving the product(s). Please quote your order number on return packaging. Buyers return products for a full refund at their cost.
Free Returns apply for exchanges:
If you are returning a product for exchange, we will meet the delivery costs of that product.
If you are returning an item for a refund, because you have changed your mind, you will need to cover the cost of return yourself, as a refund will not cover your delivery costs. There are no extra fees.
We cannot accept returns of items personalised or made to your specification; audio/video recordings or software that you have unsealed; items that, by reason of their nature, cannot be returned; perishable goods (e.g. food and flowers), and periodicals/magazines.
If returning an item, it is the customer's responsibility to ensure it reaches us safely.
In the case of exchanges for different products you will be charged for re-delivery.
If you are returning unwanted DVDs, Videos, Computer Software etc for replacement for a different title you will be charged postage and packing for the return of the correct item.
For software it is important for you to read the back of the package for compatability before opening. It is widely accepted that the majority of "Non-working" software is related to the users hardware configuration and not the software.
The policy for Returns Procedures and Refunds applies; please contact us with information on the fault, and we will advise further action. The customer will be given an RMA number, and the product should be shipped to the address advised. If a fault is recorded within 30 days of purchase, the costs of delivery will be refunded. In the case of returns within manufacturers warranty, the customer is liable for delivery costs. In all cases, an original invoice must be supplied with the goods returned.
Loss or Damage:
Goods damaged in transmit may be returned for a rull refund, providing items are in stock. Please advise us within 7 days if this is the case. The item will need to be returned as per the terms above.
Claims for missing items or the non delivery of complete orders must be made within 60 days of the despatch date.
Online payments are secured by our contracted third parties, PayPal and SagePay. These are one of the safest, most respected processes available online today. Proviation has no involvement in the processing of card details; all of this information is entered to these systems, encrypted and secured.
Supply of Goods:
It may be, that due to circumstances beyond our control, Proviation cannot guarantee the supply of goods. The acknowledgment generated to a customer at the point an order is placed is confirmation only of the details given by the customer and is not a formal acceptance of the order. Prices may change at any time or goods may not currently be available. We will always contact you immediately in this event.
An order placed on the website will be acknowledged as received through an 'Order Acknowledgement' sent to your e-mail address. The order becomes confirmed at the point of despatch. If there are any problems with your order, then you will be contacted directly.
Quality of Goods/Fitness for Purpose:
Proviation sets out to select products of the best quality to be featured on the website. In the event that goods received are found not to be of acceptable quality or fit for the purpose described by the manufacturers they may be returned and a replacement (if requested and available) will be sent; otherwise we will refund your monies in full.
If on arrival your package looks damaged as a result of mis-handling, refuse delivery by the shipping agent. Acceptance of the delivery in a poor state makes it more difficult for us to ascertain liability for damaged goods.
Full Terms and Conditions
As designed by Safebuy, approved by the Office of Fair Trading, accepted and adhered to by Proviation Pilot Shop.To protect your own interests please read the conditions carefully before you click the tick box. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer queries department (See 'Contact Information') BEFORE you place the order. YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from Proviation Pilot Shop you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of ‘Proviation, trading here as ‘Proviation Pilot Shop’, based at Carters Yard, 25 Frenchs Avenue, Luton, Dunstable ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000[a1] , you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
‘Regulations’ means the Consumer Protection (Distance Selling[b2] ) Regulations 2000;
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Areaand your Payment Card is authorised for the transaction.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
5. Terms of payment
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
8. Warranties and liability
8.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 28 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 28 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
replace the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably[b3] foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right to Cancel
9.1 You have a ‘cooling off’ period of 28 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost of sending the item to you. 9.2 During the cooling off period any cancellation must be given by written notice by either party.9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.9.4 The right to cancel this contract will not apply in respect of:
Audio, video recordings (including DVDs) or computer software you have unsealed;
and; Items manufactured to your specification.
9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us[a4] .
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity[b5] , lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
© 2012-2013 SafeBuy Services Ltd v3.4 For Proviation. Safebuy Terms and Conditions are Approved by the Office of Fair Trading