General

The terms and conditions outlined below have been established to help to ensure that the Prokick Shop website is a safe and secure online trading store and to ensure fairness between the Customer (you) and Prokick Shop. By making an order from Prokick Shop the Customer agrees that they are accepting these terms & conditions. All orders for products and services on the Prokick Shop website are accepted by Prokick Shop subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Prokick Shop unless agreed in writing by an authorised signatory of Prokick Shop. Prokick Shop is an internet based retail business as such communication between Prokick Shop and the Customer is by e-mail. The Customer agrees that email is a suitable form of communication regarding their orders, and that the Customer has access to an email account.

Product and Availability Information

All descriptions of the products and services contained on the Prokick Shop website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Prokick Shop and the Customer. Prokick Shop may correct any errors on its website without liability to the Customer. The advertising of products and services on the Prokick Shop website merely constitutes an invitation by Prokick Shop for the Customer to make an offer to purchase products and services. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer. Prokick Shop reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Prokick Shop web site. Unless otherwise confirmed, nothing in any Prokick Shop web site is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

Prices

The prices of the products and services as set out in the Prokick Shop website are current at the date of despatch. All prices include VAT. Prokick Shop reserves the right to change prices without prior notice at any time. Postage and packing will be added to each individual item purchased. Where possible Prokick Shop will ship item(s) together however larger items or multiple quantity orders may require multiple parcels which will be charged pro-rata.

Ordering

Prokick Shop reserves the right to decline to trade with any organisation or individual. In addition, Prokick Shop may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email within a reasonable period of receipt by Prokick Shop of the order. Prokick Shop executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Prokick Shop next has available stock or be cancelled. This website should only be used for ordering purposes by persons over the age of eighteen.

Payment

Payments for goods bought from Prokick Shop are taken via PayPal one of the worlds leading internet payment systems. By using PayPal the Customer is able to shop on-line safe in the knowledge that they are buying from Prokick Shop without sharing their financial information. Prokick Shop does not get to see any of the Customer’s credit/debit card details or any financial information about them. The Customer accepts responsibility to ensure that the credit/debit card that the Customer uses for payment is the Customer’s own, that the details that the Customer supplies to Prokick Shop are correct, and that they have sufficient funds to cover the cost of goods ordered.

Risk and Ownership

Risk of loss or damage to the products shall pass to the Customer upon delivery. Ownership of the products shall not pass to the Customer until all sums due to Prokick Shop from the Customer for those products have been received by Prokick Shop (in cash or cleared funds). If the Customer is late in paying any sum to Prokick Shop, then Prokick Shop shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Prokick Shopp and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Prokick Shop shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Prokick Shop’s right to sue for the whole of the price.

Delivery and Shipping

Prokick Shop will endeavour to pick, pack and dispatch the Customer’s order within 48 hours from the date that the order was placed (working days only, which exclude Saturday, Sunday and UK Bank Holidays).

Prokick Shop will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the Prokick Shop website current at the date of order or will be notified to the Customer at the time of order.

Delivery prices apply per order, irrespective of the number of products ordered. Times and dates for delivery quoted in the Prokick Shop website or by Prokick Shop employees are approximate only and Prokick Shop shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. If any delivery is late, the Customer must notify Prokick Shop, and Prokick Shop will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable Prokick Shop will also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

Delivery will be made to the Customer's specified delivery address. The Customer agrees that the goods will be accepted and signed for by the Customer or their representative. If the goods can not be signed for or received and must be retuned to Prokick Shop, the customer is liable for the return charge and any subsequent re-delivery charge.

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery, give notice to Prokick Shop in detail of:

• Any defect in the product that is apparent on reasonable examination. In this case Prokick Shop shall, at Prokick Shop’s discretion, replace the products or refund the purchase price, providing the Customer adheres to the return policy detailed in these terms and conditions. In any event the Customer must refuse parcels delivered to it in a damaged condition
• Any shortfall in products delivered. In this case Prokick Shop shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products
• Any delivery of products not in accordance with the order. In this case Prokick Shop shall, at Prokick Shop’s discretion, replace the products or refund the purchase price
• Any non-delivery of the products (in which case the time limit is within 14 days of the estimated despatch date). In this case Prokick Shop shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Prokick Shop’s record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Prokick Shop shall not be liable for any losses, consequential or otherwise, arising from these circumstances.

Delivery Times

UK

Under normal circumstances delivery can be expected between 2 and 5 working days from time of order. However, the Customer is to allow up to 14 days in consideration of unforeseen circumstance. The Customer may contact Prokick Shop by e-mail at any time to discuss their order and Prokick Shop will advise the Customer of any considered delays.

EUROPE AND REST OF WORLD

Under normal circumstances delivery can be expected within 5 to 10 working days from time of order. However, please allow up to 21 days in consideration of unforeseen circumstance. The Customer may contact Prokick Shop by e-mail at any time to discuss their order and Prokick Shop will advise the Customer of any considered delays.

Rates

Rates for delivery and shipping of items - to be added

Back Orders

If an ordered item is not in stock, Prokick Shop will back order it. The Customer will be contacted with the option to cancel their order if they would rather not wait.

Returns Policy

Return Items

Prokick Shop offer Customers a no fuss 7 day return policy. If a Customer is unhappy with their order for what ever reason they may return it to Prokick Shop anytime within 7 days of receiving the item(s) for a full refund or replacement item(s). The item(s) must be returned to Prokick Shop in it's original packaging and should not have been used.

No refund for P&P will be made. If the Customer is unhappy with their chosen product for any reason, they may request a “RETURN REQUEST” within 7 days of purchase for a refund. All returns are subject to a 5% restocking fee, which is non-refundable. The Customer is responsible for the return delivery cost. All returned merchandise must be in original factory condition, including all packaging materials.

If the Customer wishes to make an return they must first e-mail us at info@prokickshop.com with the phrase “RETURN REQUEST” in the subject heading of the e-mail. In this e-mail they must detail which item they wish to return and why they wish to return it. Prokick Shop will acknowledge receipt of the Customer’s e-mail and provide the Customer with instructions for returning the item(s) and a unique return number. Prokick Shop will request that the Customer returns the item(s) to ourselves by recorded delivery, the cost of which the Customer is liable for.

All returns are subject to an additional restocking fee of 5% of the original retail price. Once Prokick Shop have received the item(s) the Customer wishes to return and Prokick Shop are satisfied that they meet the criteria for an authorised return, then Prokick Shop will issue a credit to the Customer’s PayPal account for the authorised returns. Prokick Shop do not credit the original Delivery cost, nor the return Delivery cost (unless the merchandise is damaged or defective, refer to Defective Goods policy below).

Exchange Items

If the Customer is unhappy with their choice of item(s) they may you may request a “EXCHANGE REQUEST” within 7 days of purchase and exchange it/them for any other item(s) in our web store of the same vale or less. Refunds will not be given however for the difference in value of exchange item(s) of a lower value. Exchanges will not be made for any item(s) that has been used in any way.

Exchanges will not be made for groin guards, gum shields, handwraps, ankle supports, underwear or any other item where hygiene may reasonability be considered a concern; unless said item(s) are still factory sealed in the original package, the package has not been broken or damaged and the item(s) have not been worn or used in any way.

If the Customer wishes to make an exchange they must first e-mail Prokick Shop at info@prokickshop.com with the phrase “EXCHANGE REQUEST” in the subject heading of the e-mail. In this e-mail the Customer must detail which item they wish to exchange, why they wish to exchange it and what replacement item(s) they would like. We will acknowledge receipt of the Customer’s e-mail, confirmation that we have the Customers’ requested replacement items in stock and the cost of delivering those items to the Customer.

We will request that the Customer return the item(s) they wish to exchange to ourselves by recorded delivery, the cost of which the Customer is liable for along with payment for delivery of the replacement item(s). One we have received the item(s) the Customer wish to exchange, we are satisfied that the item(s) have met the conditions listed above and the delivery fee by way of payment via PayPal or PayPal cash transfer has been made, we will dispatch the replacement item(s) to the customer. Any item(s) the customer wishes to exchange must be returned to us unused and in the original packaging.

Defective Goods

Prokick Shop only sell well known, high quality branded items that have proven themselves in the tough arena of combat sports and fitness training. However should the rare situation arise that an item(s) is defective or unfit for purpose then Prokick Shop will refund the total cost of the item(s) excluding postage cost, or exchange the item(s) for another item(s) of equal value or less, excluding postage cost.

In order to claim a refund or exchange because of defective goods or unfitness for purpose the Customer must first send us an mail to info@prokickshop.com with the phrase “DEFECTIVE GOODS” in the subject heading of the e-mail detailing exactly what the alleged defect is or why the Customer considers the goods to be unfit for purpose. The Customer must place “DEFECTIVE GOODS” as the subject heading of the e-mail.

We will acknowledge receipt of the Customer’s e-mail and request that the Customer returns the defective item to ourselves by recorded delivery, the cost of which the Customer is liable for. One we have received the item(s) that the Customer wishes to exchange, unused and in the original package and we are satisfied that the item(s) are not "fit for purpose" we will refund the total cost of items (Excluding postage cost).

How To Return Items

Step 1 – Obtain a Return Authorisation Number

Firstly e-mail us at info@prokickshop.com with the appropriate text in the subject heading as detailed above. i.e. for returns the subject heading should read “RETURN REQUEST”, for an exchange of item(s) the subject heading should read “EXCHANGE REQUEST”, to replace/return defective goods the subject heading should read “DEFECTIVE GOODS”.

The Customer’s e-mail needs to contain the following information in order for the Customer to obtain a RETURN AUTHORIZATION NUMBER.

• Type of request (i.e. RETURN, EXCHANGE or DEFECTIVE GOODS)
• Order Number
• Date of Order
• Delivery Name and address
• Billing Name and address (if different from the Delivery address)
• Product(s) Description
• Quantity being returned
• Reason for returning the product
• Whether or not you have the original Delivery packaging

If the Customer has lost their record of the Order Number, they must e-mail us and we will research it for them. However please note that this will slow down the return process quite considerably. Prokick Shop will issue a RETURN AUTHORIZATION NUMBER and will give the Customer further instructions. The Customer will receive this information via e-mail. CUSTOMERS ARE NOT TO RETURN GOODS TO Prokick Shop WITHOUT A RETURN AUTHORISATION NUMBER Customers are to keep the original packaging and accessories to return with the item.

Step 2 – Return The Item(s) to Prokick Shop

When the Customer receives the Return Authorization Number they are to;

• Clearly write the Return Authorization Number on a Piece of paper and put in with the returned product
• Make sure everything is placed in the original carton with all of the accessories, manuals, warranty cards and packing material.
• Send the package back to us by recorded delivery.

Step 3 – Receive Confirmation By Prokick Shop

When we receive the item(s) we will confirm receipt by e-mail. We will then inspect the product with all of the accessories. If the Customer’s reason for returning is acceptable and falls and within our returns criteria detailed above, we will issue a credit to the Customer’s PayPal account for the price of the merchandise, less the applicable restocking fee (currently 5% of original retail value) and Delivery charges.

Restocking Fee and Carriage Costs of Returns

Please note all returns are subject to a restocking fee of 5% of the original retail price. The Customer is liable for all carriage costs generated by any return and subsequent re-issue of item(s) to the customer.

Cancelling An Order

Under the Consumer Protection - "Distance Selling Regulations 2000" the Customer has the right to cancel an order within a 7 working day period. The cancellation period starts from the day that the goods are received. The regulations require the consumer to send a notice of cancellation in writing including fax or email. An e-mail is acceptable however a telephone call is not enough. In the event of cancellation the goods must be returned (as new) at the Customer's own expense.

If the Customer wish to cancel an order they have made, they are to send an e-mail to info@prokickshop.com with the phrase “CANCEL ORDER” in the subject heading. Prokick Shop aims to pick, pack and ship orders shortly after it is placed. Therefore it may not be possible to cancel an order after it has been submitted. We will do our best to intercept and cancel the order before it is despatched, however if this is not possible and the order has been shipped then the Customer is to follow the return procedures outlined above.

Privacy and Security Policy

Prokick Shop is committed to protecting the Customer’s privacy, and takes its responsibilities regarding the security of Customer information very seriously. This policy explains how we use Customer information and how we protect privacy.

On Line Payment

Payment for goods bought from Prokick Shop is taken via PayPal one of the worlds leading internet payment systems. By using PayPal the Customer is able to shop on-line safe in the knowledge that they are buying from Prokick Shop without sharing their financial information. Fighshop does not get to see any of the Customer’s credit/debit card details or any financial information about them.

Data Protection and Customer Information

Prokick Shop is registered as a data controller under the Data Protection Act 1998. Prokick Shop may keep and use personal details of the Customer for the purposes of providing products and services to the Customer and to allow us to process the order. This includes the Customer’s name, address, delivery address, telephone number, and email address.

As we use PayPal for payment processing we do not have access to the Customer’s credit/debit card data or any financial information. The information we collect allows us to process the order and to send confirmation of the order by email and to deliver the item(s) the Customer has ordered to them. We ask for the Customer’s telephone number so that we can contact them urgently if there is a problem with the order. Prokick Shop may send to the Customer details of other products and services offered by it that may interest the Customer. If the Customer does not want to receive details of these offers then they should contact Prokick Shop by e-mail at info@prokickshop.com

Competitions/campaigns

If the Customer enters a Prokick Shop competition or other promotional offer, the Customer may be required to register with Prokick Shop. We may ask for your name, address and e-mail address and other information about you so we can administer the contest and notify winners.

Site Tracking

We may use tracking software to monitor customer traffic patterns and site usage to help us develop the design and layout of the site to better meet the needs of visitors to Prokick Shop.Com. This software does not enable us to capture any personally identifying information.

Security To Protect Your Information

As required by the UK Data Protection Acts of 1984 and 1998, we follow strict security procedures in the storage and disclosure of information which the Customer has given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information.

Cookies

Cookies are small pieces of information that are stored by the Customer’s browser on their computer's hard drive, and enable Prokick Shop to provide features such as remembering the Customer’s address, so that they don't have to re-enter it each time they make an order. Cookies can be deleted from the hard drive if the Customer so wishes. Most web browsers automatically accept cookies, but browser settings can be changed to prevent that. Even without a cookie the Customer can use most of the features on the web site. Our cookies do not contain any personally identifying information.

Disclosure to third parties

Prokick Shop reserves the right to pass your information on to trustworthy third parties anywhere in the world, that we use for the provision of certain services, for instance courier/delivery companies, credit reference agencies, mailing houses, etc. The Customer also consents that Prokick Shop may use Customer information by disclosing it to certain Prokick Shop trusted suppliers for market research and commission purposes. Prokick Shop never disclose information about a customer to any other person or organisation outside the scope of those organisations listed above, without the Customer’s consent unless there is an emergency situation that requires it or we are legally required to do so.

Customer Consent

In using the Prokick Shop web site, the Customer consents to the collection and use of this information by Prokick Shop in the ways described above.

Changes To Policy

If we decide to change our privacy policy, we will post those changes on this page so that the Customer is always aware of what information we collect, how we use it and in what circumstances we disclose it.

Warranty

For products purchased from Prokick Shop, Prokick Shop warrants that if any product is defective, it will replace the product or refund the purchase price. This warranty is subject to a claim being made as detailed in clause 'Defective Goods'. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Prokick Shop.

The Customer must return or dispose of the products, or make them available for collection by Prokick Shop, in accordance with Prokick Shop ’s instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions which Prokick Shop may have notified to the Customer at the time of supply. The Customer must contact Prokick Shop to notify Prokick Shop of their return and obtain a returns authorisation number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as Prokick Shop may at the time of supply have stipulated.

Where the Customer returns products otherwise than in accordance with these warranty provisions, Prokick Shop may refuse such products and return them to the Customer at the cost of the Customer. Any products which are replaced by Prokick Shop shall become the property of Prokick Shop. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch of the defective product. The remedies set out above shall be Prokick Shops sole liability and the Customer's sole remedy for any breach of warranty.

Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. Prokick Shop will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Prokick Shop by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

Liability

Prokick Shop accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services. Prokick Shop will endeavour to update outdated or incorrect information relating to any products or services as quickly as possible.

The goods sold on this website and intended for private and domestic consumer use only. Prokick Shop accepts no responsibility for any direct or indirect loss of data, income or damage to property resulting in the use of this website or any products purchased from it.

Prokick Shop, to the fullest extent of the law, is providing this website and all of its contents on a purely 'as is' basis. It is an illegal act to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information may be subject to prosecution under the full extent of the law.

Prokick Shop reserves the right to update or amend these Terms and Conditions at any time they so wish. All purchases made will come under the Terms and Conditions that were applicable at the time the order is placed. It is the Customers responsibility to check the Terms and Conditions prior to the placement of each order to ensure that the Customer agrees to any amendments that have been made prior to placing an order.

Prokick Shop shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors. Sparring and combat sport training equipment is intended to reduce the risk and severity of accidental injury to protected areas during supervised sparring and training sessions.

Sparring equipment sold by Prokick Shop is intended only for training whilst under the supervision of an appropriately skilled instructor who should responsibly monitor both technique and intensity of sparring or training to ensure students are kept as safe as is practically possible. All participants should wear full sets of protective equipment appropriate to their combat sports discipline and ensure they are in good condition. Prokick Shop accepts no liability for injuries of any type.

Prokick Shop shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Prokick Shop and the Customer, or of any order accepted by Prokick Shop; (ii) any duty of any kind imposed on Prokick Shop by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.

Force Majeure

A force majeure event is any event beyond the reasonable control of Prokick Shop (including strikes, traffic congestion, the downtime of any external line, or Prokick Shop’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Prokick Shop is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Prokick Shop shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Prokick Shop may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

Rights

In The Website The Customer acknowledges that Prokick Shop and its licensors own the intellectual property rights in the Prokick Shop web sites, the web site content, copy, photos and the stock numbers, and that their whole or partial reproduction without Prokick Shop’s prior written consent is prohibited.

Copyright

All of the content of this web-site is the copyright of either Prokick Shop or its licensors. All rights reserved. Reproduction of part or all of the contents of this web-site in any form is prohibited and may not be recopied and shared with a third party.

Disclaimers

Prokick Shop makes no warranties, representations or undertakings about: (a) any of the content of this web-site (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content); or (b) any content of any other web-site referred to or accessed by hypertext links or otherwise through this web-site ('Third Party Site'). Prokick Shop does not endorse or approve the content of any Third Party Site, nor will Prokick Shop have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).

Law and Jurisdiction

The Terms and Conditions supersede any previous Terms and Conditions. The contract between Prokick Shop and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but Prokick Shop may enforce the contract in any court of competent jurisdiction.

Further Questions

If you have any further questions about our terms and conditions, polices or their implementation, please contact us at info@prokickshop.com