Terms & Conditions of Trade

The terms and conditions document governs the use of Prout Products Ltd’s online service including shopping and participation in promotions run by Prout Products Ltd. By using the service or receiving goods, you agree to be bound by this document. Any goods supplied by us to you shall be subject to these terms. You can access this document at any time from our website.

(1) PAYMENT

You must pay for the goods in full before delivery unless we have agreed in writing to extend credit to you.

For those who have written credit agreement, payment must be made by the 20th of the month following the date of invoice. If full payment is not made by the due date, interest shall be payable by the buyer on all amounts overdue at the rate of 3% per annum above the seller’s bank overdraft rate from the date the payment became overdue. We may also cancel or suspend any further goods.

(2) TITLE

No property title or ownership in the products supplied herewith shall pass to the purchaser until full payment is received by the supplier for the goods.

Until payment has been made of all amounts owed by the Buyer to the Seller (whether or not those amounts or any part thereof are owed in respect of the goods or any contract between the Seller and the Buyer, or are owed subject to any condition or other contingency) the following shall apply:

(a) Legal and equitable ownership of the goods shall not pass from the Seller to the Buyer, notwithstanding the appropriation of the goods to any contract or the delivery of the goods to any contract or the delivery of the goods to or as directed by the Buyer.

(b) If the goods are supplied to or as directed by the Buyer, they are to be dealt with by the Buyer, only as a fiduciary agent and/or bailee of the Seller.

(d) The Buyer shall keep the goods separate and readily identifiable while the goods are in the possession or control of the Buyer.

(e) The Buyer irrevocably authorizes the Seller immediately upon default either in payment or of any other term of these conditions or upon the receivership, liquidation or bankruptcy of the Buyer without the necessity of giving notice to enter on and into any property or premises owned or occupied by the Buyer to search for and remove all or any of the goods and to sell or otherwise dispose of the goods removed and credit the sale proceeds towards the amounts owed. If all or any of the goods are wholly or partially attached to, intermingled with, or incorporated in any other goods or property, then the Seller may in its sole discretion disconnect, retrieve or sever the goods in order to remove them. The Seller shall not be liable for any damage caused to the Buyer in exercising its rights under this clause.

(f) If at the time of any default either in payment or of any other obligation under these terms and conditions all or any of the goods have been sold or otherwise disposed of by the Buyer for valuable consideration or so as to create a debt owed to the Buyer then the Buyer hereby assigns all legal and equitable title to that consideration and/or debt to the Seller and authorizes the Seller to act in all respects as the Buyer in obtaining and realizing that consideration and/or debt and crediting the sum obtained towards the amounts owed. The Buyer shall hold any monetary consideration received in trust for the Seller in a separate bank account so that the consideration is identifiable and traceable and account to the Seller for all monies owed by the Buyer to the Seller.

(g) If at the time of any default either in payment or any other term of these conditions all or any of the goods have been lost, damaged or destroyed in circumstances that entitle the Buyer to claim reimbursement pursuant to any insurance policy, then the Buyer herby authorizes the Seller to act in all respects as the Buyer in making or pursuing the claim and hereby assigns to the Seller all legal and equitable title to the proceeds of the claim which proceeds are to be credited towards the amounts owed.

(h) The Seller may exercise any of the rights and remedies referred to in these terms and conditions entirely without prejudice to any other rights and remedies that may be available to it, and no failure or neglect to act or pursue any right or remedy available to the Seller shall in any way prejudice its right to exercise that or any other right or remedy.

(i) No payment by cheque, bill or promissory note shall be deemed to have been made until the cheque, bill or note has been presented, honoured, and cash payment received by the Seller.

(j) The Buyer is only authorized to sell or otherwise dispose of the goods upon terms and conditions that include terms identical to all of the provisions of this Clause 2 including this clause.

(k) If any part of this Clause 2 is deemed to be invalid or unenforceable by the Seller against the Buyer or any other party, only that part of this clause shall be invalid or unenforceable and it shall be severed from this clause leaving the remaining provisions in full force and effect.

(3) WARRANTIES AND LIABILITIES

No liability of any kind whatsoever can be accepted by the Supplier arising from the products supplied, except for materials proved to the satisfaction of the Supplier to be defective. To the extent allowed by law, the Seller’s liability shall be limited to the repair or replacement of goods or the supply of equivalent goods or, at the Seller’s option, payment of the proper and reasonable costs of repair or replacement of the goods.

Regardless of the legal basis of any claim of any kind made against the Seller, the Seller’s maximum liability under any circumstances shall, to the extent allowed by law not exceed the purchase price paid or payable for the goods supplied by the Seller which give rise to that claim.

The Supplier will not accept liability for consequential damage or loss arising out of use of the goods supplied and for any other loss or damage whatsoever

(4) CLAIMS

Any claims must be notified in writing to the supplier within 30 (thirty) days of the receipt of the product.

(5) PRIVACY ACT 1993

Under the provisions of the Privacy Act 1993, we are required to advise our Credit Customers that, as a condition of our trade, we retain the right (and it is our normal practice) to seek credit information on Credit Customers from our Credit Reference Agents and in the case of debtors who fail to meet their obligation, to provide detail of the debtor and the debts to our Credit Reference and Debt Collection Agents.

(6) INTELLECTUAL PROPERTY

We do not transfer you any right, title or interest of intellectual property related to the goods received.

(7) DELIVERY TIMES

The delivery time is estimated based on 80% of our deliveries. Customers should receive their goods within 5 working days of placing an order. All our deliveries are taken care of by third party delivery agents. Once a product is released to the delivery agent, you’ll receive a shipping confirmation email with updated tracking information.

(8) CONFIRMATION OF ACCEPTANCE

(9) CONSUMER GUARANTEES ACT 1993

The provisions of the Consumers Guarantees Act 1993 (‘the Act’) are excluded where the Buyer acquires the goods or services from the Seller, or holds itself as acquiring those goods or services, for the purposes of a business.

Where, in respect of any goods, the Buyer is a Supplier within the meaning of the Act, the Buyer will indemnify the Seller against all liabilities, costs, claims and expenses of whatever nature and whether or not under the Act, in respect of claims by or through parties to whom the goods are supplied by the Buyer.

(10) RETURNS, REFUND AND EXCHANGE POLICY

Prout Products Ltd have a 30 day money back guarantee. If you need to return your product for any reason, we'll happily provide you with an exchange or full refund.

Online purchases must be returned in original, resalable condition, with proof of purchase, within 30 days of the purchase date and shipping costs are non-refundable. You can either return the item to our store or send it by post. The 30 day period starts from the date of delivery and items must be received back before the end of the 30 day period.

Exceptions

Unfortunately, we cannot offer a refund or exchange on the following items:

Custom made products
Any product/s specifically cut to size at your request

Faulty or Damaged Goods Under Warranties

If the goods are being returned because they fail to comply with legal or manufacturers warranties, we will be able to advise you in regard to availability of a refund, exchange, repair agents or replacement of like product, in accordance with your rights as a customer under the Consumer Guarantees Act and the Fair Trading Act.