Terms of Service

1. Introduction

This website is operated by The Prosperous Shop Ltd. (TPS). As a user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below. Your use of this website implies your acceptance of these terms and conditions in full. If you disagree with all or any part of these terms and conditions, you should not use this website. Please:

  • read through these terms and conditions carefully before using this website;
  • also read our Privacy Policy section regarding your personal information.

2. Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in TPS unless stated otherwise. All such intellectual property rights are reserved. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

3. Acceptable use

You must not use this website:

  • in any way that causes, or may cause, damage to the website or lack of availability of or accessibility to the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software;
  • transmit or send unsolicited commercial communications;
  • to copy, store, host, transmit, send, use, publish or distribute any material that targets people groups with hate speech and other offensive materials, slogans or images.

You must not without TPS’s express, written consent, use this website:

  • for any purposes related to marketing;
  • to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).

4. Order process

All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. Acceptance of your order and the completion of the contract between you and TPS will take place when receipt of full payment is acknowledged by TPS therefore, please print out these terms and conditions and the order acknowledgement screen for your own records.

5. Payment

If you complete your purchase using Shopify's payment gateway, please read their Terms of Service and their Privacy Statement for further details.

If you complete your purchase using PayPal's payment gateway, TPS will take payment from your card at the time of your order, once your card details have been verified. To ensure that your card is not being used without your consent, TPS will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. All PayPal transactions are subject to the PayPal Privacy Policy.

6. Restricted access

You are responsible for keeping confidential any user ID and password TPS provide you with or enable you to create to facilitate access to restricted areas of this website. TPS reserve the right to restrict or completely withdraw access to any and all aspects of this website, at its sole discretion.

7. User Submissions

All material that you submit to this website, for whatever purpose is deemed ‘User Submission/User Submissions’. TPS does not claim ownership of User Submissions you provide to TPS (including feedback and suggestions) or post, upload, input or submit to any technical forum for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your User Submission you are granting TPS and its affiliated companies permission to use your User Submission in connection with the operation of their businesses (including, without limitation, all TPS Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Submission and the right to publish your name in connection with your User Submission. No compensation will be paid with respect to the use of your User Submissions, as provided herein. TPS is under no obligation to post or use any User Submission you may provide and TPS may remove any User Submission at any time in its sole discretion. By Posting a User Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in these Terms & Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Submissions. TPS reserve the right to edit or remove any User Submissions to this website. Notwithstanding this rights under these terms and conditions in relation to user submissions, TPS do not undertake to monitor the submission or the publication of such content on this website.

8. Limited warranties

TPS do not warrant the completeness or accuracy of the information published on this website; nor do TPS commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law TPS exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

9. Limitations and exclusions of liability

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions are subject to the preceding paragraph; TPS will not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);
  • loss of or damage to revenue, profits, production or goodwill;
  • any loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage;
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

TPS’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

10. Indemnity

You hereby indemnify TPS and undertake to keep TPS indemnified against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TPS to a third party in settlement of a claim or dispute on the advice of TPS’s legal advisers) incurred or suffered by TPS arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

11. Breaches of these terms and conditions

If these terms and conditions are breached by you in any way, TPS may take such action as deemed appropriate to deal with the breach, including suspending or cancelling your access to the website, and/or taking court proceedings against you.

12. Miscellaneous Provisions

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales. TPS reserve the right to revise these terms and conditions at any time. Revised terms and conditions will take effect when posted on the website (see date at the top). Please check this page regularly to ensure you are familiar with the current version. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Our details

The Prosperous Shop Ltd.
1-6 Speedy Place
Cromer Street
United Kingdom

Contact: hello@theprosperousshop.com
+44 (0) 77 1114 1971

Privacy Policy

Last Updated: 22 Jun 2018

1. Introduction

The Prosperous Shop Ltd. (TPS) are committed to protecting and preserving the privacy of visitors to the website or those communicating electronically with the company.

This Privacy Policy outlines what happens to personal data that is to provided to TPS, or that is collected during a visit to this site. This Privacy Policy should be read in conjunction with TPS’s Terms & Conditions for website use.

All Shopify transactions are subject to the Shopify Privacy Policy and all PayPal transactions are subject to the PayPal Privacy Policy.

TPS do occasionally update this Policy so please do return and review this Policy from time to time.

2. Information TPS Collect

In running and operating this website, TPS may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
  • Details of visits to TPS’s website and the pages and resources that are accessed, including, but not limited to, traffic data, location data and other communication data that may assist TPS in understanding how visitors use this website;
  • Information that visitors provide to TPS as a result of filling in forms on TPS’s website, such as when a visitor registers for information or makes a purchase;
  • Information provided to TPS when TPS’s visitors communicate with TPS electronically for any reason.

3. Use of Cookies

Cookies are sometimes used to improve the website experience of a visitor to a website. TPS may sometimes use cookies on this website to record aggregate statistical information about the visitors to TPS’s site and the use that TPS’s visitors make of the website. When collected this information is used by TPS to improve TPS’s website and further enhance the visitor experience, and may be shared with advertisers. Pease note that no personally identifiable information is recorded.

TPS may also use the cookies to gather information about your general internet use to further assist TPS in developing or website. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive and then stored there and transferred to TPS where appropriate to help TPS to improve TPS’s website and the service that TPS provide to you.

All computers have the ability to decline cookies. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel.

TPS’s advertisers and partners may also use cookies on their website. TPS have no control over this and you should review the privacy policy of any advertiser or partner that you visit as a result of an advert or link on this website.

4. Use of Your Information

The information TPS collect is used for TPS’s own use in developing TPS’s website. In addition, TPS may use the information for the following purposes:

  • To provide you with information relating to TPS’s website, products or TPS’s services that you request from us;
  • To provide you with information on other products that TPS feel may be of interest to you;
  • To meet TPS’s contractual obligations to you;
  • To notify you about any changes to TPS’s website, including improvements, and service or product changes that may affect TPS’s website.

If you are an existing customer, TPS may contact you with information about goods and services similar to those that you have expressed an interest in previously via TPS’s website.

Finally, TPS may use your data, or allow carefully selected third parties to use your data, so that you can be provided with information about unrelated goods and services which TPS consider are likely to be of interest to you. TPS or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected.

If you are a new customer, TPS will only contact you or allow third parties to contact you only when you have provided consent and, only by those means you provided consent for.

If you do not want TPS to use your data for TPS’s or third parties use then you will always have the option to object to such use.

5. Storing Your Personal Data

Information that TPS collect may on occasion be transferred and stored outside of the European Union for the purpose of supplying TPS’s goods or services to you. By submitting your personal data, you agree to this transfer, storing or processing. TPS will always take all reasonable precautions to make sure that your data remains secure and is handled in accordance with this Privacy Policy.

Acceptance of your order and the completion of the contract between you and TPS will take place when receipt of full payment is acknowledged by TPS therefore, please print out these terms and conditions and the order acknowledgement screen for your own records.

6. Disclosing Your Information

Where applicable, TPS may disclose your personal information to any member of TPS’s group. This includes, where applicable, TPS’s subsidiaries, TPS’s holding company and its other subsidiaries (if any).

TPS may also disclose your personal information to third parties:

  • Where TPS sell any or all of TPS’s business and/or TPS’s assets to a third party;
  • Where TPS are legally required to disclose your information;
  • To assist fraud reduction and minimise credit risks.

7. Third Party Links

You might find links to third party websites on TPS’s website. These websites should have their own privacy policies which you should check. TPS do not accept any responsibility or liability for their policies whatsoever as TPS have no control over them.

8. Access to Information

The Data Protection Act 1998 gives all individuals the right to access personal information that is held about them. You can request a copy of any information that TPS hold about you. Please note that any request for this information may be subject to payment of £25.00 which covers TPS’s administrative costs. Please contact TPS if you wish to make such a request.

9. Contacting Us

If you have any questions or queries relating to this Privacy Policy then please contact TPS at:

The Prosperous Shop Ltd.
1-6 Speedy Place
Cromer Street
United Kingdom

Contact: hello@theprosperousshop.com
+44 (0) 77 1114 1971

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