Terms and Conditions
Prozana
Unique and innovative, with an eye on the future
📞 0031 85 004 1333
Mon–Fri
09:00 – 17:00
support@prozana.co.uk
Return Address
Prozana UK
Schimmelt 2-16
5611 ZX Eindhoven
Netherlands
Business Information
Trading Mediator
Kamperfoelielaan 49
5643 BB Eindhoven
Netherlands
Official company number (Netherlands): 98441043
Official VAT number: NL868496455B01
Our products are sent directly from the factories to our fulfilment centre in China, from where your order is shipped straight to you. We have worked closely with our suppliers for more than five years. We continuously monitor and improve the quality of our products.
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means by which the consumer or trader can store information addressed personally to them in a way that allows future retrieval and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
Trader: a natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the remote sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.
General Terms and Conditions: these general terms and conditions of the trader.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or nullified, the contract and these conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by a provision that approximates the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in the 'spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more of our conditions shall be construed in the 'spirit' of these conditions.
Article 3 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is without obligation. The trader reserves the right to change and adapt the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer shall not be binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to any compensation or dissolution of the contract.
Images of products are a true representation of the products on offer. The trader cannot guarantee that the colours displayed are an exact match to the actual colours of the products.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service applies a special arrangement for imports whereby import VAT (and any customs clearance charges) is collected from the recipient of the goods when goods are imported into a EU destination country;
• any delivery charges;
• the manner in which the contract will be concluded and what steps are required;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
• whether the contract will be filed after its conclusion, and if so, how the consumer can access it;
• the way in which the consumer can check and, if desired, correct the information provided in connection with the contract before the contract is concluded;
• any other languages, in addition to English, in which the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a continuing performance transaction.
Optional: available sizes, colours, material types.
Article 4 – The Contract
Subject to the provisions of paragraph 4, the contract shall be concluded at the moment the consumer accepts the offer and the corresponding conditions are met.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within legal limits, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not concluding the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The trader shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
1. the visiting address of the trader's establishment where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information about warranties and existing after-sales service;
4. the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer prior to the conclusion of the contract;
5. the requirements for cancellation of the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.
Every contract is concluded subject to the condition that the products in question are sufficiently available.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period begins on the day the consumer, or a representative designated in advance by the consumer, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and – where reasonably possible – in its original condition and packaging to the trader, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. Notification must be made in writing or by e-mail. Once the consumer has indicated their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example by means of a proof of postage.
If the consumer has not, following the expiry of the periods referred to in paragraphs 2 and 3, indicated their wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase is final.
In accordance with applicable European consumer legislation and national laws, we guarantee that our products are free from manufacturing defects and faults for a period of two years from the date of delivery. This guarantee covers all defects resulting from material or manufacturing faults.
Your rights:
If a product purchased from us does not function properly during the statutory guarantee period (2 years from the date of purchase) due to manufacturing or material defects, you are entitled to a replacement product. In such cases, we will send you a new product.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the consumer.
If the consumer has made a payment, the trader shall refund this amount as soon as possible, and no later than 14 days after withdrawal. This is subject to the condition that the online retailer has already received the product back, or that complete proof of return can be provided.
As an alternative to returning the product, we may offer the customer a partial refund, in which case the customer retains the product. This is a voluntary option and does not replace the right to a full refund upon return. The amount of the partial refund depends on the value of the order:
• Under £30: 60% of the purchase price
• £30 – £100: 75% of the purchase price
• Over £100: 80% of the purchase price
Article 7 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for the products and services referred to below. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is possible for products that:
1. have been produced by the trader in accordance with the consumer's specifications;
2. are clearly personal in nature;
3. cannot be returned by their nature;
4. can perish or become outdated quickly;
5. have a price that is subject to fluctuations in the financial market over which the trader has no influence;
6. are individual newspapers and magazines;
7. are audio and video recordings and computer software of which the consumer has broken the seal;
8. are hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is possible for services that:
1. relate to accommodation, transport, restaurant activities, or leisure activities on a specific date or during a specific period;
2. have begun delivery with the consumer's explicit consent before the cooling-off period has expired;
3. relate to betting and lotteries.
Article 8 – Price
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependency on fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases more than 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
1. they result from statutory regulations or provisions; or
2. the consumer has the right to cancel the contract with effect from the date the price increase takes effect.
In accordance with Article 5, paragraph 1 of the 1968 Turnover Tax Act, the place of supply is the country from which the transport originates. In this case, delivery takes place outside the EU. The postal or courier service will therefore charge the customer import VAT or customs clearance fees. For this reason, the trader does not charge VAT.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the trader is not obliged to supply the product at the incorrect price.
Article 9 – Conformity and Warranty
All products carry a standard 2-year warranty.
The trader warrants that the products and/or services conform to the contract, meet the specifications stated in the offer, satisfy reasonable requirements of reliability and/or fitness for use, and comply with the statutory provisions and/or government regulations in force at the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may invoke against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in as-new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use of the products.
The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader's instructions;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 10 – Delivery and Execution
The trader shall take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
The company shall execute accepted orders promptly, and no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and the right to any compensation due.
In the event of dissolution in accordance with the preceding paragraph, the trader shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall endeavour to make a replacement product available. No later than at the time of delivery, it shall be communicated clearly and comprehensibly that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the trader.
Article 11 – Continuing Performance Contracts: Duration, Cancellation and Renewal
Cancellation
The consumer may cancel a contract concluded for an indefinite period and relating to the regular delivery of products (including electricity) or services, subject to agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel a fixed-term contract relating to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed cancellation rules and a notice period of no more than one month.
With respect to the contracts referred to in the preceding paragraphs, the consumer may:
• cancel at any time and shall not be restricted to cancellation at a particular time or during a particular period;
• cancel at least in the same manner as they entered into the contract;
• always observe the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term contract relating to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term contract relating to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a maximum fixed period of three months, provided that the consumer can cancel the renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract relating to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, or a notice period of no more than three months if the contract relates to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall end automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation prior to the end of the agreed duration.
Article 12 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 5(1). In the case of an agreement for the provision of a service, this period begins once the consumer has received confirmation of the contract.
The consumer has an obligation to report any inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader is entitled, subject to legal limitations, to charge the consumer reasonable costs communicated to the consumer in advance.
Article 13 – Complaints Procedure
Complaints about the execution of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the deficiencies.
Complaints submitted to the trader shall be responded to within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader considers a complaint to be well-founded, the trader shall, at its discretion, replace or repair the delivered products free of charge.
Article 14 – Disputes
Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
Article 15 – Parcel Returned to Sender
If a parcel was delivered to a collection point but was never collected, we will send the customer a new parcel free of charge.
If the customer no longer wishes to receive the parcel, we will refund the order amount but will deduct a cost of 29 per cent.