Terms and Conditions

Prominate Limited – Terms and Conditions of Use 

UK Company Registration No: 07795532 

Welcome to our Castrol Smartbuy webshop. This webshop is developed in cooperation with Castrol’s preferred supplier, Prominate, and will provide BP with point of sale (POSm) and merchandise. The webshop will be maintained and hosted by Prominate with hosting in the UK. 
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Prominate relationship with you in relation to this webshop. If you disagree with any part of these terms and conditions, please do not use our webshop. 

The term ‘Prominate’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 21 Lombard Street, London EC3V 9AH, UK. Our company registration number is 07795532. The term ‘you’ refers to the user or viewer of our website. 
The use of this website is subject to the following terms of use: 
• The content of the pages of this webshop is for your general information and use only. It is subject to change without notice. 
• This webshop uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: IP address and location. 
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this webshop for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this webshop meet your specific requirements. 
• This webshop contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the webshop. 
• Unauthorised use of this webshop may give rise to a claim for damages and/or be a criminal offence. 
• From time to time, this webshop may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 
• Your use of this webshop and any dispute arising out of such use of the webshop is subject to the laws of England, Northern Ireland, Scotland and Wales. 

Webshop disclaimer 
The information contained in this webshop is for BP point of sale (POSm) and merchandise ordering purposes only. The information is provided by Prominate and while we endeavor to keep the information up to date and correct, any reliance you place on such information is strictly at your own risk. 
Through this webshop you can link to other websites which are not under the control of Prominate. We have no control over the nature, content and availability of those sites. Every effort is made to keep the webshop up and running smoothly. However, Prominate takes no responsibility for the webshop being temporarily unavailable due to technical issues beyond our control. 

Copyright notice 
This webshop and its content is copyright of Prominate and its Licencees and Affiliates: © Prominate 2022. All rights reserved. 
Any redistribution or reproduction of part or all the contents in any form is prohibited other than the following: 
• You may print or download to a local hard disk extracts for your personal and non-commercial use only. 
• You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. 
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. 

Prominate Limited – Terms and Conditions of Sale 

UK Company Registration No: 07795532 

1. GENERAL
   There shall be no binding contract between Prominate Limited or any of its Licencees, Affiliates or Partners (“the Company”) and the Buyer until the Buyer’s order has been accepted in writing by the Company. These conditions shall apply to the exclusion of all other terms of Buyer, except as agreed in writing by Seller. Placing an order shall be deemed to indicate the Buyer’s agreement to these conditions.
   2. QUANTITY 
   The quantity of goods delivered to the Buyer may vary by up to +/-5% of the quantity ordered. Invoice to reflect quantity of goods delivered. 
   3. PRICE, SAMPLES AND PROOFS 
   Prices quoted by the Company are valid only for the stated quantities, time period and payment terms. All prices, fees and rates are expressed in Euros and are delivered either duty paid (DDP – Incoterms 2013), or delivered at place (DAP – Incoterms 2013) excluding VAT. All invoices for Items ordered through the webshop or directly with the Company will be sent upon delivery. Invoices must be paid in accordance with payment terms provided by the Company by the invoice date, unless otherwise mutually agreed in writing. 
   4. PAYMENT 
   Payment shall be made by the Buyer no later than the end of the second month from the date of the invoice for approved and established accounts or as otherwise required by the Company. 
   If the Buyer shall be in breach of any of its obligations hereunder or under any other contract with the Company or if at any time the Buyer’s financial condition does not in the Company’s unfettered judgement justify continuance of any contract on the terms of payment agreed, the Company may, without prejudice to any other rights and without any liability whatsoever to the Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time as the Buyer shall provide security satisfactory to the Company for the performance of all obligations of the Buyer to the Company. 
   5. DELIVERY AND RISK 
   Any times quoted for delivery are estimates only and shall not be the essence of any contract. The Company is not responsible for the actions of or delays caused by courier companies, couriers or transport companies or actions of or delays caused by Customs in relation to imported goods. Delivery of the goods to the stipulated place of delivery or to a carrier nominated by the Buyer whichever is sooner, shall constitute delivery to the Buyer. All risks in the goods shall pass to the Buyer on such delivery. 
   Goods damaged in transit should not be accepted from the carrier and no credit will be given for or replacements made of goods accepted from the carrier in a damaged condition. Any discrepancies, shortages and damage must be notified to the Company in writing within seven (7) days after delivery. 
   6. TRANSFER OF PROPERTY 
   Ownership and risk in the goods shall pass from the Supplier to Castrol when the goods have been delivered to the delivery location set out in the Commercial Terms and (if relevant) a Castrol representative has signed for receipt of delivery. 
2. GUARANTEE AND LIMITATION OF LIABILITY
   The Supplier shall indemnify and hold harmless Castrol from all reasonable losses, costs, expenses, damages claims and liabilities which Castrol suffers or incurs as a result of breach of this agreement including but not limited to defective design, workmanship, or any defect in the Goods. Please refer to clause 18 in The Goods Agreement for full details on the limited Indemnified Losses.
3. CANCELLATION BEFORE DISPATCH
   In the event that the Buyer needs to cancel an order before written acceptance by the Buyer there will be a cancellation fee of 50% of the value of the order excluding VAT. In the event that the Buyer needs to cancel an order after written acceptance by the Buyer there will be a cancellation fee of 95% of the value of the order excluding VAT/Sales Tax if the goods have not been dispatched to the Buyer and 100% if the goods have already been dispatched to the Buyer.
   9. FORCE MAJEURE AND LAW 
   Without prejudice to any other of these conditions, the Company shall be under no liability for delay or non performance of any obligations hereunder due to any circumstance whatsoever beyond the control of the Company. 
   This contract shall be governed by and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes arising in connection with it.